
o*-'*^ 




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/ 



ROMAN ANTIQUITIES: 

OR 

AN ACCOUNT OF 

THE MANNERS AND CUSTOMS 

OF 

THE ROMANS; 

DESIGNED 

TO ILLUSTRATE THE LATIN CLASSICS, 

BY EXPLAINING WORDS AND PHRASES, FROM THE RITES AND CUSTOMS 
TO WHICH THEY REFER. 

BY ALEXANDER ADAM, LL.D., 

RECTOR OF THE HIGH SCHOOL OF EDINBLROH. 
WITH NUMEROUS NOTES, AND IMPROVED INDICES. 

BY JAMES BOYD, LL.D., 

ONE OF THE MASTERS OF THE HIGH SCHOOL, EDINBURGH. 

IlUistvateti bij ttpbiavlfs of 100 Jliigvabinss; on 5i23ooti atxtj ^Uc\. 

SIXTH EDITION. 



GLASGOW: 
BLACKIE & SON, 8, EAST CLYDE STREET, 

AND 5, SOUTH COLLEGE STREET, EDINBURGH; 

W. CURRY, JUN., Si CO., DUBLIN; AND THOMAS TEGG & SON, LONDON. 
MDCCCXXXV. 






GF^ASGOW: 

ri;iN!En ijy ojJORr.a bhookman 



t 



AGLIONBY ROSS CARSON, Esq., LL.D., 

F. R. S. AND F. A S., Edin., &c. &c., 

THIS EDITION OF 

ADAM'S ROMAN ANTIQUITIES 

la vf£ipcctfuHy ttctiicatctr, 

IN TESTIMONY OF THE EDITORS ADMIRATION 
OF THE DISTINGUISHED TALENT, SCHOLARSHIP, AND PROFESSIONAL SKILL, 

BY WHICH, 

^g JtJector of t!)e |i?ifil) ^d)ool of iE»Jiiitiuvsfj, 

HE SUSTAINS THE REPUTATION OF THAT SEMINARY OF WHICH DR ADAM 
WAS SO LONG THE ORNAMENT AND BOAST. 

High School, Edinburgh, Dec, 1833. 



ADVERTISEMENT. 



Dr Adam's elaborate " Summary of Roman Antiquities " has hitherto 
appeared in an octavo form, and, in consequence of its price, has not 
found its way into many of our classical schools. To remedy this 
inconvenience, the work is now presented in a more portable shape, 
and at little more than one-half of the original price. The editor 
trusts, that in thus rendering this admirable work accessible to every 
schoolboy, he does some service to classical literature. 

The editor has availed himself of several valuable works that have 
appeared since the days of the learned author. Notes of considera- 
ble length will be found from Niebuhr's Roman History, from 
Henderson on Ancient Wines, from Blair on Slavery among the 
Romans, and from the works of Professor Anthon of New York. 
These notes in some instances correct the mistakes, and in others 
supply the deficiencies of the original work. 

The numerous references interspersed throughout the text of 
former editions, liave been removed to the foot of each page, which 
exhibits the text in a more continuous form. For the benefit of the 
tyro, translations have also been given of many of the Latin quota- 
tions. But to classical students, and others, who have occasion to 
consult the work, perhaps the greatest improvement will be found in 
the enlargement of the Indices. The Latin Index now contains 
fully four times more words and phrases than the former one, 
and embraces, it is hoped, every word and phrase explained in the 
volume. 

Six Engravings on Steel and nearly one hundred wood-cuts will be 
found interspersed, which have been copied from Montfaucon's L'An- 
tiquite Expliquee, Sir Wm Cell's Pompeii, and other works of the 
highest authority. 

Lastly, in order to direct attention to the most essential topics, and 
to facilitate examination, it is the intention of the editor to publish 
as soon as possible, a complete set of Questions, which will considera- 
bly abridge the teacher's labour, and save the student's time. 

With these additions and alterations, the editor humbly trusts that 
this edition of Adam's Antiquities may be found not altogether unde- 
serving of public notice and patronage. 



PREFACE TO FIRST EDITION. 



Nothing has more engaged the attention of literary men, since the 
revival of learning, than to trace, from ancient monuments, the insti- 
tutions and laws, the religion, the manners, and customs of the Ro- 
mans, under the general name of Roman Antiquities. Tiiis branch of 
knowledge is not only curious in itself, but absolutely necessary for 
understanding the classics, and for reading with advantage the his- 
tory of that celebrated people. It is particularly requisite for such as 
prosecute the study of the civil law. 

Scarcely on any subject have more books been written, and maxiy 
of them by persons of distinguished abilities ; but they are for the 
most part too voluminous to be generally useful. Hence a number 
of abridgments have been published ; of which those of Kennet and 
Nieuport are esteemed the best. The latter is, on the whole, better 
adapted than the former to illustrate the classics ; but being written 
in Latin, and abounding with difficult phrases, is not fitted for the use 
of younger students. Besides, it contains nothing concerning the laws 
of the Romans, or the buildings of the city, which are justly reckoned 
among the most valuable parts in Kennet. 

On these accounts, near twenty years ago, tlie compiler of the 
following pages thought of framing from both, chiefly from Nienport, 
a compendium for his own use, with an intention to print it, if he 
should meet with no book on the subject to his mind. But he soon 
perceived, that on several important points he could not derive from 
either the satisfaction he wished. He therefore had recourse to other 
sources of information, and chiefly to the classics tliemselves. To 
enumerate the various authors he has consulted would be tedious and 
useless. It is sufficient to say, that he has borrowed with freedom, 
from all hands, whatever he judged fit for his purpose. He has been 
chiefly indebted to Manutius, Brissonius, and Middleton, on the 
senate ; to Pignorius, on slaves ; to Sigonius, and Grucchius, Manu- 
tius, Huber, Gravina, Merula, and Heineccius, on the assemblies of 
the people, the rights of citizens, the laws and judicial proceedings; 
to Lipsius, on the magistrates, the art of war, shows of the circiLs, 
and gladiators ; to Schasffer, on naval affairs and carriages ; to Fer- 
i-arius, on the Roman dress; to Kirchmannus, on funerals; to Ar- 
buthnot, on coins ; to Dickson, on agriculture ; to Donatus, on the 
cify ,- 10 Turncbus, Abi-aharaus, Rosinus, Salmasius, Hottomannus, 
a. 3 



Giwvius, and Gronovius, Montfaucon, Pitiscus, Eniesti, and particu- 
larly to Gesner, in different parts of the work. 

After making considerable progress in this undertaking, the com- 
piler found the execution so difficult, that he would have willingly 
dropt it, could he have found any thing on the subject to answer his 
views. Accordingly, when Mr Lempriere did him the favour to 
communicate his design of publishing that useful work, the Classical 
Dictionary, he used the freedom to suggest to him the propriety of 
intermingling with his plan a description of Roman Antiquities, But 
being informed by that gentleman that this was impracticable, and 
meeting with no book which joined the explanation of words and 
things together, he resolved to execute his original intention. It is 
now above three years since he began printing. This delay has been 
occasioned partly by the difficulty of the work, and making various 
alterations and additions ; partly, also, by a solicitude to receive the 
remarks of some gentlemen of learning and taste, on whose judgment 
lie could rely, who have been so obliging as to read over, with criti- 
cal attention, the sheets as they were printed. 

After finishing what relates to the laws and judicial proceedings, 
the compiler proposed publishing that part by itself, with a kind of 
syllabus of the other parts subjomed ; that he might have leisure to 
reprint, with improvements, a Summary of Geography and Histoiy, 
which he composed a few years ago for the use of scholars. But 
after giving an account of the deities and religious rites in his cursory 
manner, and without quoting authorities, he was induced, by the 
advice of friends, to relinquish that design, and to postpone other 
objects, till he should bring the present performance to a conclusion. 
Although he has all along studied brevity as much as regard to per- 
spicuity would admit, the book has swelled to a much greater size 
than at first he imagined. 

The labour he has undergone can be conceived by those only who 
have teen conversant in such studies. But he will think his pains 
well bestowed, if his work answer the end intended — to facilitate the 
acquisition of classical learning. He has done every thing in his 
power to render it useful. He has endeavoured to give a just view 
of the constitution of the Roman government, and to point out the 
principal causes of the various changes which it underwent. This 
part, it is hoped, will be found calculated to impress on the minds of 
youth just sentiments of government in general ; by showing, on the 
one hand, the pernicious effects of aristocratic domination ; and, on 
the other, the still more hurtful consequences of democratical licen- 
tiousness, and oligarchic tyranny. 

But it is needless to point out what has been attempted in particii 
larprals; as it has been the compiler's great aim, throughout the 



whole, to convey as much useful information as possible within the 
limits he has prescribed to himself. Although very few things are 
advanced without classical authority, yet in so extensive a field, and 
amidst such diversity of opinions, he, no doubt, may have fallen into 
mistakes. These he shall esteem it the highest favour to have point- 
ed out to him ; and he earnestly entreats the assistance of theencour- 
agers of learning to enable him to render his work more useful. He 
has submitted his plan to the best judges, and it has uniformly met 
with their approbation. 

It may perhaps be thought, that in some places he has quoted too 
many authorities. But he is confident no one will think so, who takes 
the trouble to examine them. This he esteems the most valuable 
part of the book. It has at least been the most laborious. A work 
of this kind, he imagines, if properly executed, might be made to 
serve as a key to all the classics, and in some degree supersede the 
use of large annotations and commentaries on the different authors ; 
which, when the same customs are alluded to, will generally be found 
to contain little else but a repetition of the same things. 

The Compiler has now in a great measure completed, what above 
twenty years ago he conceived to be wanting in the common plan of 
education in this country. His first attempt was to connect the study 
of Latin Grammar with that of English ; which was approved of by 
some of the first literary characters then in the kingdom. It is 
sufficient to mention Mr Harris and Dr Lowth. He has since con- 
trived, by a new and natural arrangement, to include in the same book 
a vocabulary, not only of the simple and primitive words in the Latin 
tongue, but also of the most common derivatives and compounds, with 
an explanation of phrases and of tropes. His next attempt was to 
join the knowledge of ancient and modern geography, and the 
principles of history, with the study of the classics. And now he 
has endeavoured to explain difficult words and phrases in the Roman 
authors, from the customs to which they refer. How far he has sue- 
ceeded in the execution he must leave others to judge. He can only 
say, that what he has written has proceeded from the purest desire to 
promote the improvement of youth ; and that he should never have 
thought of troubling the world with his publications, if he could have 
found, on any of the subjects he has treated, a book adapted to his 
purpose. He has attained his end, if he has put it in the power of 
the teacher to convey instruction with more ease, and in a shorter 
time ; and of the learner to procure, with the greater facility, instruc- 
tion for himself. He has laboured long in the education of youth, 
and wished to show himself not unworthy of the confidence reposed in 
him by the public. His chief enjoyment in life has arisen from the 
acquisition and communication of useful knowledge ; and he can truly 



ADVERTISEMENT. 



say with Seneca, " Si cum hac exceptione detur sapientia, ut ' 
rlusam teneam, nee enunciem, rejiciani," Ep. G. 
Eainburgh, April, 1791, 



ADVERTISEMENT TO SECOND EDITION. 



The compiler has felt much satisfaction from the favourable recep- 
tion his performance has met with. He lias, in particular, been high- 
ly gratified by the approbation of several of the masters of the great 
schools in England, and of the professors in the universities of both 
kingdoms. The obliging communications he has received from them, 
and from other gentlemen of the first character for classical learning, 
he will ever remember with gratitude. Stimulated by such encour-^ 
agement, he has exerted his utmost industry to improve this edition. 
Tlie numerous facts and authorities he has added will show the pains 
he has bestowed. The index of Latin words and phrases is consider- 
ably enlarged ; and an index of proper names and things is subjoined ; 
for suggesting the utility of which, he is indebted to the authors of 
the Analytical Review, 

There are several branches of his subject which still remain to be 
discussed ; and in those he has treated of, he has been obliged to 
suppress many particulars for fear of swelling his book to too great a 
size. It has therefore been suggested to him, that to render this work 
more generally useful, it ought to be printed in two ditferent forms: 
in a smaller size for the use of schools ; and in a larger form, with 
additional observations and plates, for the use of more advanced 
students. This, if he find it agreeable to the public, lie will en- 
deavour to execute to the best of his ability : but it must be a work 
of time ; and he is now obliged to direct his attention to other ob- 
jects, which he considers of no less importance. 

As several of the classics, both Greek and Latin, are differently 
divided by different editors, it will be proper to mention what editions 
of these have been followed in the quotations : Caesar, by Clarke, or 
in usum Delphini ; Pliny, by Brotier ; Quinctilian and the writers on 
husbandly, by Gesner ; Petronius Arbiter, by Burmannus : Dionysius 
of Halicarnassus, by Reiske ; Plutarch's Morals, by Xylander ; and 
Dio Cassius, by Reimarus. It is needless to mention the editions of 
such authors as are always divided in the same manner. Those not 
divided into chapters, as Appian, Strabo, Plutarch's Lives, &c. are 
quoted by books and pages. 

Ediiihurp,h, Mrcj 21.v/', 1792. 



CONTENTS. 



FOaNDATION OF ROME, AND DIVISION 
OF ITS INHABITANTS, p. 1. 

Page 

I. Senate and Patricians . 2 
1. Institution and number of the 

Senate . . . . ib. 
± The choosing of Senators ib. 

3. Badges and privileges of Sena- 

tors .... 6 

4. Assembling of the Senate ib. 

5. Consultation of the Senate 8 

6. Decrees of the Senate . 12 

7. Power of the Senate . 16 
II. Equites .... 20 

III. Plebeians .... 23 
Patrons and Clients . . 2J< 
Nohiles et Ignobiles, &c. . 25 
Gentes et FamilicB . . ib. 
Names of the Romans . 26 
Ingenui et Libertini . . 28 

IV. Slaves ib. 

RIGHTS OF ROMAN CITIZENS, p. 36. 

I. Private Rights ... 39 
1. Right of Liberty . . ib. 

2 Family . . 40 

3. . Marriage '. . . , ib. 

4. a Father . . 41 

Emancipation and Adoption ib. 

5. Right of Property . .43 
Modes of acquiring Property 46 

6. Right of Testament and In- 

heritance ... 49 

7. Tutelage or Wardship 53 

II. Public Rights . . . ib. 

Jus Lath ,67 

— Italicum .... 58 

State OF THE Provinces . . 59 

Municipal Towns, Colo- 

NIES, &c 61 

. Foreigners . . 64 

COMITIA, OR ASSEMBLIES OF THE 
PEOPLE, p. 64. 

I. CoMiTiA Curiata . . 65 

II. Centuriata . . 67 

Causes of assembling thera . 70 



Magistrates who presided at them ib. 
Place where they were held 71 

Manner of summoning them ib. 
Persons who had a right to vote 

at (hem . . . . ib. 

Candidates . . . . ib. 
Manner of proposing a Law 73 

Manner of taking the Auspices ib. 
Manner of holding Comitia Cen- 
turiata .... 75 
III. Comitia Tribijta . . 81 

MAGISTRATES, p. 86. 

Of Magistrates t\ general . 87 
Division of Magistrates . . 88 

Kings 99 

I. ordinary magistratec. 
L Consuls . . • . 91 

1. First creation, diflFerent names, 
and degrees of Consuls . ib. 

2. Power of the Consuls • 92 

3. Day on which they entered on 
their office .... 9* 

4. Provinces of the Consuls . 95 

5. From what order they were 
created .... 97 

6. Legal age, &c. for enjoying the 
Consulship ... 98 

7. Alterations in their condition 
under the Emperors . 99 

II. PRiliTORS .... 100 

1. Institution and power of the 
Praetor . . . . ib. 

2. Edicts of the Praetor . 10' 

3. Insignia of the Praetor . 103 

4. Number ofPraetors at diflFerent 
times 104 

III. Censors . . . .105 

IV. Tribunes . . . .Ill 
V. iEDILES ..... 118 

VI. QU/ESTORS . . . .119 

Other ordinary Magistrates . 122 
New ordinary Magistrates under 
THE Emperors .... ib. 
11. extraordinary magistrates. 
I. Dictator, and Master of 
Horse .... 125 



X 



CONTENTS. 



Page 

IT. Decemviri . , . . 129 
HI. Military Tribunes . . 131 
IV. Interuex .... lb. 

Otheb extraordinary Magistrates ib. 

III. PROVINCIAL magistrates. 

1. Under the Republic . . 132 
II. Under the Emperors . . 137 
Re-establishment of Monarchy 

UNDER the Emperors . . 139 
Public Sekva.nts of the Magis- 

lUATES . . . . . 115 

LAWS, p. 149. 

Jus et Lex ..... 150 

Laws of the Twelve Tablis . 153 
Origin of Lawyers . . '154 

Cousultation of Lawyers . 153 

Lawyers under the Emperors . ib. 

Laws made at different times 157 

Laws of the Emperuri . . 1S2 

Corpus Juris . • . • lS4i 

JoDICl.\L PROCEEDINl^S, p. 184. 

I. civil trials. 

I. Summoning TO Court . 185 

II. Requesting A Writ . 186 

IIL Different kinds of Actions 188 

i. ReiU Actions . . . ib. 

'2. Personal Actions . . 191 

3. Penal Actiofis . . 195 

4. Mixed and Arbitrary Actions 197 
IV. Different kinds of Judges ib. 

V. Appointment of Judges . 199 

VI. Form OF Trial • . 201 

VII. JUDGMENt . . .202 

VIII. Consequences of a Sentence 203 





p,g, 


II. MiNiSTEBS OF Religion 


. 234 


Priests ot particular Gods 


. 250 


Servants of the Priests . 


. 5i57 


III. Places of Worship and 


Re- 


LiGious Kites 


. 258 


The Roman Year 


. 2GJ 


Division of Days 


. 270 


Roman Festivals 


. ib. 



GAMcIS 



p. 274. 



I. Gamks-and Shows OF THE Cutcus 274 
II. Gladiators .... 280 
III. Dramatic Enteetainments 283 

MILITARY AFFAIRS, p. 299. 
I. LEVi'ING OF SOLDIKRS . 299 

II. Division of Troops, their 

Arms, Officers and Dress 304 
III. Discipline of the Romans, 

TUKIR M.\KCHES AND E.NCAMI^^ 



310 



11. CRIMINAL TRIALS. 

I. Before the People 
II. Before Inquisitors 
III. Before the PniEions 

1. Choice of a Jury 

2. The AccHiser 

3. The Accusation 

4. Trial and Sentence 

5. Punishments 

■RELIGION, p. 221. 

I. Deities 

1. Dii tna jorum geiitmm 

2. Dii kelecti 

3. Dii tninarum gmtiuin 



,221 
ib. 

22S 
230 



ments 

IV. Ordkr of Battle, and dif- 
ferent Standards . 317 
V. Military Rewards . . 322 
VL A Triumph . . .325 
VII. Military PuwisHMhNxs . 328 
VIII. Military Pay and Discharge 329 
IX. Attack and Defence of 
/ Towns • • . .330 

NAVAL AFFAIRS, p. 3 SO. 

CUSTOMS, p. 350. 

I. Dress ..... 350 

II. Entertainments . . 3G9 

Posture at Meals . . .371 

Couches 372 

Tables ..... ;i74 
Exercises .... 375 

Baths 376 

Favourite D'.shes . . 3S.4 

Wines . . . . .387 
Cups ..... 391. 

Private Games . . .397 

III. Marriage .... 399 
Divorce .... 401? 

IV. FDNER4LS .... 408 
Weights and Coins . . . 424 
Method of computing Money . 429 
Interest of Money ■ . . 43.5 
Measures of Length . . 4:]5 
Capacity . . 4:« 





CONTENTS. 


Xi 




Pa-e 




Pa-e 


Mkthod of Writing . 


. 437 


3. CtiricB 


4<!() 


Libraries .... 


. 447 


4. Fora . . . . 


ib. 


Houses of the Romans 


. 448 


5. Porticos 


491 


Spinning- and Weaving 


. 451 


6. Columns 


ib. 


Chimneys and Windows . 


. 454 


7. Triumphal Arches 


492 


Villas AND Gardens 


. 458 


S. Trophies . 


493 


Agriculture .... 


. 460 


9. Aqueducts . 


494 


Propagation of trees . 


. 470 


10. CloaccB 


. 495 


Carriages .... 


. 474 


11. Public Ways 


Jb. 


Division of the City . 


. 483 


12. Bridges 


497 


Public Buildings 


. 486 


Limits of the Empire . 


499 


1. Temples 


. ib. 


Appendix T.— Griein of Rome, 


501 


2. Places of Ana usement and Ex- 


11. Agrarian laws. 


505 


ercise 


. 489 







LIST OF STEEL KVGRAVINGS. 



Plan of ancient Rome, 
l^ii inajorum gentium, 



Focinj I 

Title Dii minoruin gentium, 
. 221 I Triumphal procession, 



230 I Tomb of Nsevoleia Tyche, 4a0 
Zib I Principal public builiJings, 486 



LIST OF WOOD ENGRAVINGS. 





P^fa 


P.iesis and sacrifice, 


260 


Altar, .... 


263 


Sacrificial instruments, . 


204 


Shows in Circus Maxinius, 


277 


Throwing the discus, • 


278 


AVrestling, .... 


ib. 


Boxing, .... 


279 


Plan of an amphitheatre, . 


281 


Armed gladiators, 


2S6 


Wounded gladiator, . . 


287 


Tragic mask. 


291 


Comic mask. 


ib. 


Flute player, . 


294 


Plan of the theatre, . 


297 


Curule chair found in Her 




culaneum, . 


' 300 


Ditto from a drawing in 


Pompeii, 


ib. 


Biinger, .... 


305 


Archer, .... 


ih. 


Scutum 


306 


Clypeus, .... 


ib. 


Helmet, .... 


ib. 


(ireaves, .... 


307 


Sword and javelins, 


ib. 


Paludamentum, 


309 


Sagura, .... 
Polybian or consular camp 


ib. 


, 311 


Roman soldier with arms 


and provisions. 


316 


Standards, . . . 


318 



Vexillum, ... 
Aqiiila, . . . 
Corona civica, . . 
. — vallaris, 

m oralis, . 

iiavalis, . 

obsidionalis, . 

Fasces, . 
Testudo, . 
CalapuUa, , . 
Balista, 

Scorpio, 
Movable tower, 
, with ram 



Battering ram, 
VineiE, 
Pluteus, 
Navis longa, 

HCtuaria, 

Liburna, 

Hexireme galley, 
Oar, 

Masted ship, . 
T"ga, . . 
Matron in stola. 
Woman in palla. 
Toga prsetexta, . 
Bullaj, . 
Tunica, . . 
Sandals, 



Lady's toilet, . 

Volsellae, ■ . . 

Kar-ring, . . . 

Breast-jiin, , 

Domestic supper party. 

Triclinium, 

Vases for perfumed oil, 

StrigiiPs, 

The different ajiarlmPnl 
a bath, . 

Amphorae, 

Drinking cups, . 

Way of filling the ampho 

Drinking glasses, . 

Styli, 

Volumen, 

PugiUares, 

Scrinium and capsa, 

Bolt, or bar, 
I Hinse, . 
i Knocker, . 

Key, 

Lamps, , . 

Plough, . . 

A gricultural implements. 

B.ga, ... 
Triga, 
Quadriga, 
I'ropxa, . 



Pa,.'. 

. 3til 

363 

. ib. 

ib. 

. 371 

. 379 
380 



440 
441 
442 
447 
451 

ih. 

ib. 

ib. 
458 
463 
464 
«76 

ib. 

ib. 
433 



PRINCIPAL ABBREVIATIONS. 



Cxs. Ctesar; Gal. de Bello 
Oallico; Civ. de Bello Civi- 
li; Afr. de Bello Atricano; 
Hisp. de Bello Hispaniensi. 

Cic. Cicero; Or. de Oratore; 
Legg. de Legibus; Fin. de 
finibus; Top. 'I'opica; Oft', 
de Officiis; Tusc. Tuscula- 
DjeDisputationes ; Senec.de 
Senectute; Inv. de Inven- 
tione; Nat. D. de Natura 
Deorum ; Acad, Academics 
Quaestiones, «tc, 

Colum. Columella. 

Corn. Nep. Cornelius Nepos. 

Dio. Dion Cassius. 

Uiony. Dionyaius of Halicar- 
nassus. 

Eur. Euripides ; Bled. Medes, 

Fest. Festus. 

Klor. Florus. 

Gell. Aulus Gellius. 

Herodot. Herodotus. 

Hesych. H -sychius. 

Hor. Horatius ; Od. Gda; ; 
Epod. Epodi ; Sat. Satyrie ; 
Ep. Epistolae; Art. P. de 
Arte Poetica ; Car. Sec. Car. 
men Seculare. 

Juv. Sat. Juvenalis Siityrae. 

Lactan. Lactantius. 

Liv. Livius. 

Luc. Lucanus. 

liucr. Lucretius. 

Mart. Martialis. 



Ov. OviJius; Met. Metamor- 
plioses i Fast. Fasti •, Trist. 
'J'ristia ; Her. Heroides ; 
Pont. Epistol* de Ponto; 
Art. Adi. de Arte Aniandi; 
Kem. Am. de Remedio 
Amoris. 

Plant. Plautus; Amph. Am- 
phitruo; As. Asinaria; Aul. 
Aulularia; Capt, Captivi; 
Cure. Curculio, Cus.Casina; 
Cist. Cistellaria; Ep. Epi- 
dicus ; Bacch. Bacchides ; 
Most. Mostellaria; Men, 
Menaechmi; Mil. Glor. 
Miles Gloriosus ; Merc. Mer- 
cator; Pseud. Pseudolus; 
Poen. Pcenulus; Pers. Per- 
sa; Rud. Kudens ; Stich. 
Stichus; Trill. J'rinuramus ; 
True. Truculentus. 

Plin. Plinius; Nat. Hist. Na- 
turalisUistoria; Paneg.Pa- 
negyricus ; Ep, Epistolx. 

Pint. Plutarchus. 

Sal. SaJlustius; Cat. Bellum 
Catilinarium ; Jug. Bellum 
Jugurthinum. 

Sen. Seneca; Nat. Naturales 
Quaestiones ; Brev. Vit. de 
Brevitate Vita; Ep. Epis- 
tolbe } Ir. de Ira; Ben. de 
Benericiis ; Here. Fur. Her- 
cules Furens; Tranq. An. 
de TranquiUitate Animi ; 



Clem, de Clementia ; Prov. 

de Providentia; Vit. beat. 

de Vita Beata. 
Stat, Statius; Silv. Silvae ; 

Tlieb. Thebais. 
Strab. Strabo. 
Suet. Suetonius; Jul. Julius; 

Cxs. Caisar; Aug. .Augus- 

tiis; Tib. Tiberius; Cal. 

Caligula; Claud. Claudius; 

Npr. Nero; Gal. Galba; 

Oth. Otho; ViU Vitellius; 

Vesp. Vespasian ; Tit.'l itus; 

Dom. Oomitian. 
Tac, Tacitus; Ann. Annaleg ; 

Hist. Hisloria; Agric. Ag- 

ricola; Mor. Ger. de Aloii- 

bfis Germanorum, 
Ter. Terentius ; And. Andria; 

Eun. Eunuchus; Ueaut. 

Heautontimorumenos ;Adel. 

Adelphi; Phor. Phormio; 

Hec. Hecyra. 
Tlieonh. Theophrastus. 
Val. Max. Valerius Maxiinus. 
Varr. Varro; L. L. de Latina 

Lingua; K. R. de Re Rus- 

tica. 
Veget. Vegetius. 
Vel. Paterc. Velleius Pater- 

culus. 
Virg. Virgilius; .<En. iEneis; 

Geo. Georgica; Ecl.Eclof^se. 
Xenoph. Xenophon; Cyr. Cy- 

ropedia; Anab. Anabasis. 




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A SUMMARY 



ROMAN ANTIQUITIES. 



FOUNDATION OF THE CITY, AND DIVISION OF THE PEOPLE, 

Rome was founded by Romulus and a colony from Alba Longa, 
753 years, as it is commonly thought, before the birth of Christ. 
They began to build on the 21st day of April, uhich was called 
Palilia, from Pales, the goddess of shepherds, to Avhom it was 
consecrated, and was ever after held as a festival.' See App. a. 

Romulus divided the people of Rome into three tribes : and 
each tribe into ten curiae. The number of tribes was afterwards 
increased by degrees to thirty five. Tliey were divided into 
country and city tribes.^ The number of the curiaj always re- 
mained the same. Each curia anciently had a chapel or temple 
for the performance of sacred rites.'' He who presided over one 
curia was called curio ;* he who presided over them all, curio 

MAXIMUS. 

From each tribe Romulus chose 1000 foot-soldiers, and 100 
horse. These 3000 foot and 300 horse were called legio, a legion, 
because the most Avarlike were chosen.^ Hence one of the thous- 
and Avhich each tribe furnished Avas called miles, ^ The comman- 
der of a tribe Avas called tribunus, (pv7\.a,^x^g vel tqitvccqxo?''' 

The Avhole territory of Rome, then very small, Avas also divid- 
ed into three parts, but not equal. One part Avas allotted for the 
service of religion, and for building temples ; another, for the 
king's rcA^enue, and the uses of the state ; the third and most con- 
siderable part Avas divided into thirty portions, to answer to the 
thirty curia?.* 

The people Avere divided into two ranks,® patricians and ple- 
beians ; connected together as patrons and clients.'" In after- 
times a third order Avas added, namely, the equites. 

1 dies natalis urbis Ro- 3 Varr. de Lat, iv. 32. S Plat, in Rom, 7 Diony. lu 7. \"eg.ii.7. 

niae. A'ell. Pat. i. 8. Tac. Ann. xii. 24. Dl- 6 A^arro de Lat. iv. l6, 8 Dinnv. ii. 7. 

Ov. F. iv. SOO. ony. ii. 2,J. unus ex lulUe. Isid. ix. 9 ordinVs. 

e riislicx' et urljans. i (j'.iias»cracurabaf,Fes. iJ. 10 Diunv. ii. 9. 



2 ROMAN ANTIQUITIES. 

THE SENATE. 
1. INSTITUTION AND NUMBER OF THE SENATE. 

The Senate was instituted by Romulus, to be the perpetual coun- 
cil of the republic.^ It consisted at first only of 100. They 
v/ere cliosen from among the patricians ; three were nominated 
by each tribe, and three by each curia.'^ To these ninety-nine 
Romulus himself added one, to preside in the senate, and have 
the care of the city in his absence. The senators were called pa- 
TREs, either upon account of their age, or their paternal care of 
the state ; certainly out of respect;^ and their ofi'spring, patricji.* 
After the Sabines were assumed into the city, another hundred w.ss 
chosen from them, by the suffrages of the curia?.^ But, accord- 
' iv.g to Livy, there were only 100 senators at the death of Romu- 
lus, and their number was increased by Tullus Hostilius, after the 
destruction of Alba.® Tarquinius Priscus, the fifth king of Rome, 
added 100 more, who were called patres minorum gentium. Those 
created by Romulus, were called patres majorum gentium,^ and 
their posterity, Patricii Majorum Gentium. This number of :500 
continued, with small variation, to the times of Sylla, who in- 
creased it ; but ho\v many he added is uncertain. It appears tliere 
wei'e at least above 400.^ 

In tlie time of Julius Caesar, the number of senators was increas- 
ed to 900, and after his death to 1000; many worthless persons 
liaving been admitted into the senate during the civil wars,^ one 
of wiiom is called by Cicero self-chosen. ^° Rut Augustus reduced 
the number to 600.^' 

Such as were chosen into the senate by Brutus, after the ex- 
pulsion of Tarquin the Proud, to supply the place of those whom 
that king had slain, were called conscripti, i. e. persons written 
or enrolled together with the old senators, who alone were pro- 
perly styled Patres. Hence the custom of summoning to the 
sen ate those v>ho were Patres, and who were Conscript i.^'^ Hence, 
j'.lso, the name Patres Conscripti, (sc. ct) was afterwards usually 
r.pplied to all the senators. 

2. choosing of senators. 

Persons were chosen into tlie senate first by the kings,'' and 
after their expulsion, by the consuls, and by the military tri- 
bunes ; but from the year of the city 310, by the censors : at first 
only from the patricians, but after\vards also from the plebeians,'* 

1 Consilium reipublicae x. 8. Biony. ii. 8. Fest. xiii. 13. Liv. xl. 51. vel inseua- 

senipiternuii!. Gic. pro 5 Dloiiv. ii. 47. 11 Suet. Aug. 35. Dio. turn legr^bantur, Cic. 

Sox. 65. 6 Liv. i. 17. and 30. liv. Ii. Clu. 47. Liv. i. 8. 30. 

1 IJiOny. ii. 12. 7 'l'„c. /i n;i. xi. 2.'). 12 ita appellabantinno- 35. 

3 JJv. i. 8. _ S f ic. ,-,d Alt. i. 14. vum senatum lectos. U Liv. ii. 1. 3?. v. 12. 

+ qui jriLirem cierp pos- 'J Dio. xiiii. i'. Hi. i'i. Liv. ii. 1. Festus in Piajteriti BC 

buiit, 1. e. iiigeaui. Liv. 10 Itctus ipse- ;; i', I'liil, IJ Scratvs logcbatur. natores. 



THE SENATE, O 

cliiefly, however, from the equites ; whence that order was called 
,\eminariu7n senatus.^ 

Some think that the senate was supplied from the annual magis- 
trates, chosen by the people, all of whom had, of course, admittance 
into the senate ; but that their senatorial character was not esteemed 
<;omplete, till they were enrolled by the censors at the next Lus- 
trum ; at which time, also, the most eminent private citizens were 
added to complete the number.^ 

After the overthrow at the battle of Cannae, a dictator was cre- 
ated for choosing the senate. After the subversion of liberty, 
the emperors conferred the dignity of a senator on whom they 
thought fit. Augustus created three men to choose tiie senate, 
and other three to review the equites, in place of the censors.^ 

He whose name was first entered in the censor's books, ivas 
called PRiNCEPs senatus, which title used to be given to the per- 
son who of those alive had been censor first/ but afier the year 
544', to him whom the censors thought most wortliy. This dig- 
nity, although it conferred no command or emolument, was esteem- 
ed the very highest, and was usually retained for life.^ It is 
called PRiNciPATus ; and hence afterwards the emperor was named 
Princeps, which word properly denotes only rank, and not power. 

In choosing senators, regard was had not only to their rank, 

but also to their age and fortune The age at which one might 

be chosen a senator,^ is not sufficiently ascertained ; altliough 
it appears that there was a certain age requisite.^ Anriently sena- 
tors seem to have been men advanced in years, as thoir name im- 
ports.* But in after times the case was otherwise. It seems pro- 
l)able, however, that the age required for a senatov was not be- 
low thirty ; from certain laws given to foreign nations, at different 
times, in imitation of the Romans,^ for there is no positive as- 
sertion on this subject in the classics. 

The first civil office v.hich gave one admission into the senatf> 
Avas the quaestorship, which some have imagined might be en- 
joyed at twenty-five, and consequently that one might then be 
chosen a senator.^" Others think at twenty-seven, in the autho- 
rity of Polybius, vi. 17. who says, that the Romans were obliged 
to serve ten years in the army before they could pretend to any 
civil magistracy ; and as the military age was seventeen, of con- 
sequence that one might be made quaestor at twenty-seven, bui 
lew obtained that office so early ; and Cicero, who often boasts 
that he had acquired all the honours of the city, without a re- 
pulse in any, and each in his proper year,i^ or as soon as he 
could pretend to it by law, had passed his thirtieth year before 

1 T.iv. xlii 61. ii 

5; MicJiileton on Sf^nale. si 

3 Liv. xxiii. 22. Suet. 5 . 
Aug. 37. Dio. Iv. IS. V 

4 qui primus tensor, ex 6 < 



fivercnt, fuis- 7 Cic. de Loge Manil. 


>J Cic. in Verr. ii. 49. 


21.Tac. Amuxv. 28. 


Piiii. l;p. X. 83. 


vu. 13. xxxiv. 8 Sail. Cat. ti, CIc. de 


10 from Dion Cass, lii 


. 0.'. Sen. 6. Ov. F. V. 63. 


iO. 


i.uoria. Flor. i 15. 


li tuo a;ino. 


\2 





'* ROMAN ANTIQUITIES. 

he obtained tlie quasstorship, which he administered the year 
following- in Sicily. So that the usual age of enjoying the qunes- 
torship/ and of course of being chosen a senator, in the time 
of Cicero, seems to have been thirty-one. 

But although a person had enjoyed the quffistorship, he did not 
on that account become a senator, unless he was chosen into that 
order by the censors.'^ But he had ever after the right of coming 
into the senate, and of giving his opinion on any question.^ 
About this, however, writers are not agreed. It is at least cer- 
tain, that there were some offices which gave persons a legal title 
to be chosen into the senate.^ Hence, perhaps, the senators are 
sometimes said to have been chosen by the people.* And Cicero 
often in his orations declares, that he owed his seat in the senate, 
as well as his other honours, to the favour of the people.^ Per- 
sons also procured admission into the senate by military service.' 

When Sylla, after the destruction occasioned by his civil Avars 
and proscriptions, thought proper to admit into the senate about 
.300 equites, he allowed the people to give their vote concerning 
each of them in an assembly by tribes.** But Dionysius says, that 
Sylla supplied the senate with any persons that occurred to him, 
V. 77. and probably admitted some of the lowest rank.^ 

The Flamen of Jupiter had a seat in the senate, in right of his 
office, a privilege which none of the other priests enjoyed.^^ 

Augustus granted to the sons of senators after they assumed 
the manly gown, the right of rearing the latus davits, and of 
being present at the debates of the senate, that thus they might 
become the sooner acquainted with public affairs." They also 
liad the privilege of wearing the crescent on their shoes.^^ 

No one could be chosen into the senate who liad exercised a 
low trade, or whose father had been a slave :^^ but this Avas not 
always observed. Appius Claudius Csecus first disgraced^* the 
senate, by electing into it the sons of freedrnen,^* or the grand- 
sons, according to Suetonius, Avho says, that libertini, in the time 
of Appius, did not denote those Avho Avere freed, but their pro- 
geny,^® a distinction Avhich no Avhere occurs in the classics. Sex. 
Aur, Victor calls those chosen by Appius, libertini.^^ But no- 
body regarded that election, Avhatever it Avas, as valid, and the 
next consuls called the senate in the order of the roll Avhich 
had been in use before the censorship of Appius.^* It appears, 
hoAvever, that freedmen were admitted into the senate, at least 
toAvards the end of the republic. For Dion Cassius, speaking of 

1 cEtas quaestoria. He asserts the same vi. 413. Hor. Sat. i. 6. 21. iV J I. 

2 Gell. iii. 18. thing in general terms, 9 Dio. xl. 63. U inqiiinavit vol df-lor- 

3 Gic. in Verr. v. 11. in Verr. iv. 11. pro 10 Liv. xxvii. 8. Cic. mavit. 

Ep. ad Fam. ii. 7. Cluent. 36. Att. iv. 2. 15 liberfinorum fili;s 

4 unde in senatum Irgi 7 Senalorinni per niili- 11 quo celerius reip'.'b- lectis. Liv. Ix. 29. 4t). 
deberent. Liv. xxii. 4y. tiam auspicabaiitnrgra- licaeassuescerent.Suel. 16 ingenuos ex liis jro- 

5 lecti jassupopuli. Liv. duin. Senec. ip. 47. Aug. 3?. creates. Siipl. Clii. il. 
iv.-). Cic. pro Sext.Ga. So Liv. xxiii. 23. 12 Stat. Sylv. v. 2. 2P. 17 de vir. illii.st. .U. 

C uost red. in Senat. 1. 8 Appian. de btll. civ. \'6 libertinoi'atre n.iti.s. 18 l.iv. ix. 4(j. ibiil. c!0. 



THE SSNATE. O 

ijie censorsliip of Appius Claudius, and Piso, the fatlier-in-law of 
Caisar, A. U. 704, says that Appius excluded not only all tVeed- 
men,' but also many noblemen, and among the rest Sallust the 
historian,^ for having been engaged in an intrigue with Fausta, 
the daughter of Sylla, and wife of Milo.^ O^sar admitted 
into the senate not only his officers, but even his mercenary 
soldiers, all of whom Augustus removed/ at which time he was so 
apprehensive of danger, that when he presided in the senate, he 
always wore a coat of mail under his robe, and a swcrd, with ten 
of the stoutest of hissenatorian friends standing round his chair.^ 

In the year of Rome 535, a law was made that no senator, or 
father of a senator, should keep a bark above the burden of 300 
amphons, or eight tons ; for this was reckoned sufficient to carry 
their grain from their farms, and it seemed below a senator to 
reap advantage by merchandise.^ 

Anciently no regard seems to have been paid to the fortune 
of a senator,^ and when it was first Hxed does not appear. 
But in the flourishing state of the republic, as we learn from 
Suetonius, it behoved every senator to have at least eight Jmndred 
sestertia, or 800,000 sestertii, which are computed to amount to 
between six and seven thousand pounds sterling ; not annually, but 
for their whole fortune. Augustus raised it to L200 sestertia, and, ' 
supplied the deficiency to those who had not that sum.^ Cicer<i 
also mentions a certain fortune as requisite in a senator.^ 

Every lustrum, i. e. at the end of every fifth year, the senate 
was reviewed by one of the censors ; and if any one by his be- 
haviour had rendered himself unworthy of that high ran]?, or had 
sunk his fortune below that of a senator, his name was passed 
over by the censor in reading the roll of senators ; and thus he 
was held to be excluded from the senate.^" But this, though 
disgraceful, did not render persons infamous, as when they were 
condemned at a trial ; for the igiominy might be removed by 
the next censors, or they nught obtain offices which again pro- 
cured them admittance into the senate, as was the case with C. An- 
tonius, who was consul with Cicero ;^^ and with P. Lentulus, who 
was prcBtor at the time of (Jatiline's conspiracy.'^ Thus also Sal- 
lust the historian, that he might recover his senatorian dignity, \vas 
made praetor by Cassar,'^ and afterwards governor of Numidia 
Avhere he did not act as he wrote,'* but by rapacity and extortion 
accumulated a great fortune, which he lelt to his grand-nephew.'^ 

This indulgence of being enrolled in the senate as supernu- 
merary members, without a formal election, was first granted to 
magistrates by the censors, A. U. 693."* 

1 ArreXcecpo.. Hor. Sat. i. 2. 41. 

2 Dio. xl. tJJ. 4 Dio. xlii, 51. xliii. %\\ 

3 a quo tleprehensus, xlviii. 'ii. lii. ^5. & 4'i. 
vir^is csstis erat, Gell. 5 Supl. Auu. 35. 
xvii. 18. Sorv. in Virg. 6 Liv. xxi. (iS. Cic i. 
A'». i\, Oli, Acioii, ill Veil . V. IS. 



7 census. Plin. xiv. 1. 


13 Dio. xliii. 5-2. 


8 Suet. Aug. 41. 


14 OuK;:utu.,oaro7<.uf,JYr^ 


9 Fam. xiii. 5. 


Touj >.070t)s. id. xliii. '.1. 


10 raotus e senatu. 


15 'lac. Ann. iii. 30. 


U Cic. pro Cluent. 42. 


Hor. OcU ii. t. 


12 Dio. xxxviii.30. 


It) Uio. xx).vli, il)» 



b ROMAN ANTIQUITIES. 

There was a list of the senators/ Avhere all their names nere writ- 
ten, Avhich, by the appointment of Augustus, used to be annually 
pasted up in the senate house, and the name of any senator who 
had been condemned by a judicial sentence, was erased from it.'"^ 

3. BADGES AND PRIVILEGES OF SENATORS. 

The badges ^ of senators were, 1. The Lafus clavus, or Tunica 
laticlavia, i. e. a tunic or waistcoat with an oblong broad stripe 
of purple, like a ribbon, sewed to it on the fore part- It was 
broad, to distinguish it from that of the equites, Avho wore a 
narrow one. 2. Black buskins reaching to the middle of the 
leg, with the letter C in silver on the top of the foot.* Hence 
calceos mutare, to become a senator.^ 3. A particular place at 
the public spectacles, called orchestra, next the stage in the 
theatre, and next the a?'ena in the amphitheatre.^ This was first 
granted them by P. Cornelius Scipio the elder, in his consulship, 
A. U. 558. Hence Orchestra is put for the senate itself.^ 

In the games of the circus, the senators sat promiscuously with 
the other citizens, till the emperor Claudius assigned them pe- 
culiar seats there also.^ 

On solemn festivals, Avhen sacrifices were offered to Jupiter by 
the magistrates,^ the senators had the sole right of feasting pub- 
licly in the Capitol, dressed in their senatorian robes, and such 
as were proper to the offices which they had borne in the city.^" 
When Augustus reduced the number of the senate, he i-eserved 
to those who were excluded, the badge of their dress, and the 
privilege of sitting in the orchestra, and of coming to these 
public entertainments.^^ 

4. ASSEMBLING OF THE SENATE, AND TIME AND PLACE OF ITS MEETING. 

The senate was assembled^'^ at first by the kings, after the ex- 
pulsion of Tarquin, usually by the consuls, and in their absence 
by the praetors, also by the dictator, master of horse, decemviri, 
military tribunes, interrex, prefect of the city, and by the tribunes 
of the commons, who could summon the senate although the 
consuls were present, and even against their will.^-' The em- 
perors did not preside in the senate unless when invested with 
consular authority.^* 

The senators Avere summoned ^^ anciently by a public officer 
named viator, because he called the senators from the country,^'^ 
or by a public crier, when any thing had happened about which 

1 album senatorium, 6 CIc. Cluent, 47. 11 publice epulandi jus. Orat. iii. 1. Goll.xiv.S. 

AevKoifia Vel avaypaipr] 7 Liv. xxxiv. 5-1. Juv. Suet. Aug. 33. 14 priliC'|iS luMsi:l,'|j:it, 

/Sit.XEfTrui', ill. 177. 12 convocabatur velco- erut ciiini i-.iiisu 1. JTni. 

2 Dio. h". 3. et Fra^. 8 Suet.Cl. 21.Dlo.lx.7. gebatur. Ep. ii. 11. Taiicti. 7U. 
lb?. Tac. Ann. iv. 4V. 9 in epulo Jovis, vei in 13 l.iv. i. 48. Cic. Ep, 15 arcessebantiir, cita- 

3 insignia. coena Diali. Fam. x. K. 28. Liv. bantur. vocabantnr, in 

4 Hor. Sat. i.6.28.Jm-. 10 Gell. xii. 8. Din. viii. 33. ili. 9. and k!9. scnatuin vocabaiilur, 
vii. 102. xlviii. 32. Cic. fhil. ii. A. GcU.xiv. 7.Gic. Kp. &c. 

5 Gie. Phil. xiii. 13. 4o. Senec. contr. i. 18, Kam. x. L'8. xi. (i. do 16 Cic. dc Sen. 16. 



THE SENATE. / 

tlie senators were to be consulted hastily, and without delay,^ 
but in later times by an edict, appointing- the time and place, 
and published several days before, not only at Rome, but some 
times also in the other cities of Italy? The cause of assembling- 
it used also to be added.^ 

If any senator refused or neglected to attend, he was punished 
by a fine and distraining his goods,* unless he had a just excuse. 
The fine was imposed by him who held the senate, and pledges 
were taken till it was paid. But after sixty or sixty-five years 
of age, senators might attend or not as they pleased.^ 

The senate could not be held but in a temple, that is, in a 
place consecrated by the augurs, that thus their deliberation 
might be rendered more solemn.'' 

Anciently there were but three places where the senate used 
to be held ;^ tAvo within the city, and the temple of Bellona witli- 
out it. Afterwards there v/ere more places, as the temples of 
Jupiter Stator, Apollo, Mars, Vulcan, T'ellus ; of Virtue, Faith, 
Concord, &c. Also the Curia Hostiha, Julia, Octavia, and Pom- 
peia; which last was shut up after the death of Csesar, because 
he was slain in it.^ These curiae were consecrated as temples by 
the augurs, but not to any particular deity. When Hannibal 
led his array to Rome, the senate was held in the camp of Flac- 
cus the proconsul, betwixt the Porta Collina and Esquilina.'* 
When a report was brought that an ox had spoken, a thing- fre- 
quently mentioned in ancient authors, the senate was held under 
the open air.^" 

On two special occasions the senate was always held without 
the city, in the temple of Bellona or of Apollo ; for the reception 
of foreign ambassadors, especially of those Avho came from ene- 
mies, whom they did not choose to admit into the city; and to 
give audience ^^ to their own generals, who were never allowed 
to come within the Avails while in actual command.^^ 

The senate met^^ at stated times, on the kalends, nones, and 
ides of every month ; unless when the comitia Avere held. Per 
on those days ^* it jvas not laAvful to hold a senate,^^ nor on un- 
lucky days,^^ unless in dangerous conjunctures, in Avhichcase the 
senate might postpone the comitia.^'' 

An ordinary meeting of the senate Avas called senalvs legiti- 
Mus.^^ If an extraordinary senate Avas given to ambassadors or 
others for any reason whatever, it used to be called indictus or 
edictus, and then the senators Avere usually summoned by an 



1 l/.v.iii.SS. 


4 miilcta et pi:;nori3 


8 Fesius, Suet.. Jul. 88. 


11 dipbus comiti.ililius. 


a Cic. Phil. iii. 8. ad 


captiOT.e. 
5 Liv. iii.SS. CIc. 




9 Liv. xxvi. lU. 


15 Cic.adFrat.ii.2. ad 


Att. is. 17. 


Pl.il. 


30 Plin. Hist. vili.4S. 


Fani. i. 4. 


3 Consultandum super 


i. 5. Plin. K].. i 


V. 2^'. 


U cum seuatus datus 


16 diebus nefastis v. 


re magna et atroci, 


Sen.deiSrev.Vi 


;e. 20. 


est. 


atris. 


Tac. Ann. ii. 28. Edi- 


Controv. i. 8. Pli 


ti. Ep. 


12 Liv. iii. 63. xxsi. 47. 


17 Id. viii. 8. Liv. 


cere senatum in proxi- 


iv. 23. 




xxxiii. 2i. 24. xxxiv. 


xxxviii, 5J. xxx'ix. id. 


mum diem. Edicort? nt 


6 <iell. xiv. 7 


Cic. 


43. xxxvi. 39. xlii. dd. 


Cic. Mur. v5. 


s natiis adesset, &r. 


Doin. M. 




Scii. Belief, v. IS. 


18 Suet. jVug. 35. 


Cic. et Liv, jiassir.i. 


7 Cuiia: v. Svnrici 


la. 


\d ■.unvciiieb.-.t. 





b RO."\IAN ANTIQUITIES. 

edict, whereby anclsiitiy those were ordered to attend \vho were 
PATREs, and who were conscripti,^ but afterwards, " those Avho 
were senators, and who had a right to deliver their opinion in the 
senate." Qui senatores, quibusque in senatu sententiam dicere 
liceret, ut adessent ; and sometimes, ut adessent frequentes, ad 

VIII. CAL. DECEMBR. &C.^ 

No decree of the senate could be made unless there was a 
quorum.'^ What that was is uncertain. Before the times of 
Sylla, it seems to have been 100.^ Under Augustus it was 400, 
Avhich, however, that emperor altered.^ if any one wanted to 
hinder a decree from being passed, tind suspected there was not a 
quorum, he said to the magistrate presiding, numera senatum, 
Count the senate.'' 

Augustus enacted, that an ordinary meeting of the senate should 
not be held oftener then twice a month, on the Kalends and Ides ; 
and in the months of September and October, that only a certain 
number chosen by lot should attend.'^ This regulation Avas made 
under pretext of easing the senators, but in reality with a vieu' to 
diminish their authority, by giving them less frequent opportuni- 
ties of exercising it. Augustus chose a council for himself every 
six months,^ to consider beforehand what things should be laid 
before a full house.'^ 

The senate met always of course on the first of January, for the 
inauguration of the new consuls, who entered into their office on 
that day, and then usually there Avas a crowded house. — Me who 
had the fasces presided, .and consulted the fathers, first, about 
what pertained to religion,^" about sacrificing to the gods, expiat- 
ing prodigies, celebrating games, inspecting the books of the 
sibyls, &c.,^^ next, about human affairs, namely, the raising of 
armies, the management of wars, the provinces, &c. Tlie con- 
suls Avere then said to consult the senate about the republic in 
general,^^ and not about particular things.^"^ The same was the case 
in dangerous junctures, when the senate was consulted about the 
safety of the republic.^"* The month of February was commonly 
devoted to hear embassies and the demands of the provinces.^^ 

5. MANNER OF HOLDING AND CONSULTING THE SENATE. 

The magistrate, who was to hold the senate, offered a sacrifice, 
and took the auspices, before he entered the senate-house. If 
the auspices were not favourable, or not rightly taken, the busi- 
ness was deferred to another day.^^ 

Augustus ordered that each senator, before he took his seat, 
should pay Ins devotions, with an offering of frankincense and 

1 l/iv. ii. 1» Festus in Numera. 11 Liv. viii. 8. IT) Cic. nd Fiati". ii. 3. 

2 Gic. et Liv. passim. 7 Suet. Aug. .'ir, 12 de republica indefi- )l'. ad F.*!!!. i. 4. Ascoii. 

3 nisi senatorum nuine- 8 cousilirt semestria sor- nite. in \^eir. i. SS. 

rus l?gitimus adessct. tiri. 1 i de rchus sinculis fi- Ki Plin. Pan. ^R. GpH. 

4 Liv. xxxix. ]8. 9 ad frequentem sena- niti'. Aul. Gell. mIv. 7. xiv. 7. Cic. lipisl.x.l:^. 
/) Dio. lir. 83. Iv. 3. turn, SupI. Amt. -.ir-. 1 ! Ue summa rrjiiililica, 

(i Cic. Ep.Fani.viii.il. 10 di rpbus. ilivi!:!;,. v. lot,,i..Gir. |ia!,t.ijii. 



THE SENATE. V 

wine, at the altar of that god in whose temple the senate were as- 
sembled, that thus they might discharge their duty the more re- 
ligiously.^ When the consuls entered the senate-house, tlie sena- 
tors commonly rose up to do them honour.^ 

The senate was consulted about every thing- pertaining- to the 
administration of the state, except the creation of magistrates, the 
passing of laws, and the determination of war and peace ; all 
which properly belonged to the whole Roman people. The se- 
nate could not determine about the rights of Roman citizens with- 
out the order of the people.^ 

When a full house was assembled, the magistrate presiding, 
whether consul or prastor, &c. laid the business before them in a 
set form ; quod bonum, faustum, felix, fortunatum sit ; referiivius 
AD vos, PATREs coNscRiPTi. Then, the senators were asked their 
opinion in this form : dig, sp. posthumi, quid censes ?* or quid fieri 

PLACET ? QUID TIBI VIDETUR ? 

In asking the opinions of the senators, the same order was not 
always observed ; but usually the princeps senatus was first de- 
sired to deliver his opinion, unless where there Avere consuls elect, 
Avho were always asked first, and then the rest of the senators ac- 
cording to their dignity, consulares, prcetorii, csdilitii, tribuni- 
tii, et qucsstorii, which is also thought to have been their order in 
sitting.^ The benches on which the senators sat, were probably of 
a long form, as that mentioned by Juvenal longa cathedra, ix. 5-?. 
and distinct from one another, each tit to hold all the senators of 
a particular description ; some of them shorter, as those of the tri- 
bunes, which seem to have held only a single person.^ The con- 
suls sat in the most distinguished place, on their curule chairs.^ 

As the consuls elect were first asked their opinion, so the prastors, 
tribunes, &c. elect, seem to have had the same preference before 
the rest of their order. He who held the senate might ask first 
any one of the same order he thought proper, Avhich he did from 
respect or friendship.^ Senators were sometimes asked their 
opinions by private persons.^ 

The consuls used to retain through the whole year the same 
order Avhich they had observed in the beginning of their ofiice 
But in later times, especially under the emperors, they were asked 
in what order the magistrate A\ho presided thought proper.^'' 
When they were all asked their opinions, they were said per- 
rogari, and the senate to be regularly consulted or the affair to 
be deliberated about, ordine considi}^ Augustus observed no 
certain rule in asking the opinions of the senators, that thereby 
they might be rendered the more attentive.^' 

1 Suet.Auff.35, V. 13. Fam. vii).4. Vrrr. v. 14. Cic. post in Suet. Jul. 21. Cii . 

2 Cir. Pis. 1'2. 6 subspllia. Cic. Cat. i. redil. in vSenat. 7- Liv. Alt. i. 13. Plin. En. ix. 
.■5 iriony. ii. 14, Liv. 7, Cif. Fam. iii, '.». v.2ll,Gell. iv. lO.xiv.7, 13. 

xxvi.33. Suet. Claud, 2ij. 9 multi rogabantur, at- 11 Liv. xxix. IS. ii, 2''. 

4 Liv. i. 32, ix, 8. 7 Cic. lb. & Cat, iv. 1. que iUipsum consulibus and sit. Plin. P;in. td. 

5 Sal, Cat. aO.Cic.Pliil. S Cic. ad Att. xii. 21. iu iiivitis. Cic. Fam. i. *i. \i Siiel. Auc. 5.''. 



10 ROAIAN ANTIQUITIES. 

Nothing could be laid before the senate against the will of the 
consuls, unless by the tribunes of the people, who might also give 
their negative ^ against any decree, by the solemn word veto ; 
which was called inter cedinfj.^ This might also be done by all 
who had an equal or greater authority than the magistrate pre- 
siding. If any person interceded, the sentence of the senate 
was called senatus auctoritas, their judgment or opinion,-^ and 
not senatus considtum or decrctum, their command. So likewise 
it was named, if the senate was held at an improper time or place * 
or if all the formalities ^ were not observed, in which case the 
matter was referred to the people, or was afterwards confirmed by 
a formal decree of the senate-'' But when no mention is made of 
intercession or informality, auctoritas senatus is the same with 
consultumP They are sometimes also joined; thus, senatus con- 
sulti auctoritas, which was the usual inscription of the decrees of 
the senate, and marked with these initial letters, S. C. A.^ 

The senators delivered their opinion,'' standing ; whence one 
was said to be raised,^" v.hen he was ordered to give his opinion. 
But when they only assented to the opinion of another, they con- 
tinued sitting.'^ The principal senators might likewise give their 
opinion about any other thing, besides what was proposed, Avhich 
they thought of advantage to the state, and require that the consul 
would lay it before the senate ; Avhich Tacitus calls, egredi relation- 
em. They were then said censere referendum de aliqua re, or re- 
lationem postidare.?^ For no private senator, not even the consul- 
elect, was allowed to propose to the senate any question himself. 
Sometimes the whole house called out for a particular motion.^-^ 
And if the consul hesitated or refused, which he did by saying, 
SE coNsiDERARE vELLE, the Other magistrates, who had the right 
of holding the senate, might do it, even against his will, particu- 
larly the tribunes of the people.^* Hence Augustus was, by a de- 
«;ree of the senate, invested with the power of tribune for life, that 
he might lay any one thing he pleased before the senate every meet- 
ing, although he was not consul.^^ And the succeeding emperors 
obtained from the senate the right of laying before them one, 
two, or more things at the same meeting; which was called jus 
prim(B, secund(B, tertice, quartcB, et quiMce relationis. In those 
times the senator who gave his opinion tirst, was called pririice 
sententioe senator}*^ 

It was not lawful for the consuls to interrupt those that spoke, 
although they introduced in their speech many things foreign to 
the subject; which they sometimes did, that they might waste the 

1 moram facere. 5 solemnia. Cic. ad Attic, i. 13. 13 Gic. pro Dom. C7. 

a intercedere. 6 Dio. Iv. 3. Cic. Eji. ll veibo assentiebaiitur. Sail, Cut. 48. 

3 Gic. Logg. iii. 3. Cell. Fam. x. 12. Cic. Fam. v. 2. Plin. 14 Cic. pro Leg. Mpnil. 

XIV. 7 Liv. iv. 57. Cic, 7 Cic. Legg. ii. 15. J'aii. 7G. Jf). pro Sext. SO.Epist, 

Kam. i. 2. viii. 8. S Cic. 12 Sail. Cat. 50. Plin. Fam. x. 16. 

4- alieiijo lomporc aut 9 sententinni dicebant. Kp vi. .5. lac. Ann. 15 Di i. liii. ."!?. 

l()!:o. 10 cxcitari. Liv. ix. 8. xi.i. 49. 16 Vopisc. et Capitol. 



THE SENATE. 11 

day in speaking.^ For no new reference could be made after tlie 
tenth hour, i. e. four o'clock afternoon according to our manner or" 
reckoning-, nor a decree passed after sunset,^ Hence Cicero, in 
blaming- the decrees of Antony, calls them ISCta vespertina.^ We 
read, however, of the senate's being- assembled at midnight, upon 
the arrival of an express from one of the consuls, Sp, Furius, 
that he was besieged by the Jiqui and Volsci, A. U. 290,* and 
of a person haranguing till it was so late that lights were call- 
ed for.^ 

Those who grossly abused this right of speaking without inter- 
ruption, were sometimes forced to give over speaking,'' by the 
noise and clamour of the other senators. '^ Sometimes magis- 
trates, when they made a disagreeable motion, were silenced 
in this manner.^ So when a senator threw out abusive lan- 
guage against any one, as Catiline did against Cicero and othei-s, 
the whole senate bav»led out against him.^ 

This used also to happen under the emperors. Thus Pliny, 
speaking of himself, after the death of Domitian, says, Finio. In- 
cipit respondere Vejento ; nemo paiitur ; ohturhatui\ ohstrepitur ; 
adeo quidcm ut dicer et ; rogo,patres c, neme cogatis implorare 
AuxiLiuM TRiBUNORUM. Et statwi MuTeYio. tnbunus , permitto 
TiBi, viR CLARissiME, VEJENTO, DiCERE. 2\nc quoquB, reclamatuY.^'^ 
The title of clarissimus was at tills lime given to all the senators, 
but formerly only to the leading men. 

Sometimes the speeches of senators were received with shouts 
of applause. And the most extravagant expressions of approba- 
tion were bestowed on the spenkers.^^ 

The consul, or presiding- magistrate, seems to have exercised 
different powers in the senate at different times.^- When Cato 
one day, to prevent a decree from being passed, attempted to 
waste the day in speaking, Caesar, then consul, ordered him to 
be led to prison, whereupon the house rose to follow him, which 
made Csesar recall his order.^'^ 

If any one in delivering his opinion had included several dis- 
tinct articles, some of which might be approved and others reject- 
ed, it Avas usual to require that the opinion might be divided, 
and that each particular might be proposed apart ; and therefore 



ut diem dlcendo exi- scto, i, e. delendo vel him not pcnnittingliim ad censpndum accl.i- 

merent, consumereiit, expungendo; ab omni to 20 on, 'I hops, my nistuir. est, qund solet 

y. tollerent. Cic. Verr. senatu rerlamaturaest. lords,' said he, 'you rcs'ulentib'is, Plin. i.p. 

ii. 39. Cic. pro Dom, <4. lijiis will not oblige me to iv. 9. Non fere qiiis- 

i Sen. Tranq. An. c. oritiojii vehempnter ab implore the assistance quam in senatu fnit, 

nit. A. Gell. xiv. 7. oninii'us reclaraatura of the tribunes.' Im- qui non me complectp- 

S Phil, iii. 1(1. est. Id. Fa.n. i. 2. mediately tlie tribune retur, cxoscuhvrcwir, 

■i Diony. ix.C3.soiii.2G. 9 obstrep-sre omnes. Murena cried out,' >t3u certatimque laudi- oa- 

5 nocte illatis luceiuis, Sail. Cat. 31. have my leave, most mularet. Id. ix. 13. 
Piin. Ep. iv. 9. 10 Ep. ix. l;i. "After illustrious Vojento, to 12 Cic. Orat. iii. 1. 

6 pprorare. J had Hnished, V. jento proceed." But still 13 Gell. iv. 10. 



ad Alt. iv.2. aftRmited to reply: the clamour was re- 14 Gir. F^ini. 1. 2. Se- 

nilis, Coeptnm est re- but the general cla- iiowed." nee. Kp. 2i. Ascoii. in 

icrri de iiUucendo luour raised against 11 Thus, Consurgenti Cic. Jlil. I. 



12 ROMAN ANTIQUITIES. 

In matters of very great importance, the senatoi-s sometimes 
delivered their opinions upon oath.^ 

Several different questions might be referred to the senate by 
different magistrates in the same meeting.^ 

When any magistrate made a motion, he was said verba facere ; 

REFERRE vel DEFERRE AD SENATUM, Or CONSULERE SENATUM DE ALIQUA 

RE ; and the senators, if they approved of it, relationem accipere. 

When different opinions were delivered, the senators expressed 
their assent, some to one and some to another, variously, by their 
looks, nodding with their heads, stretching out their hands, &c.^ 

The senators who spoke usually addressed themselves to the 
whole house, by the title of patres conscripti ; sometimes to the 
consul or person who presided, sometimes to both.^ They com- 
monly concluded their speeches in a certain form : quahe ego 
ita censeo ; or, placet igitur, &C.'' Quod c. pansa vere. fecit 

DE ^DE EA re ita CENSEO ; Or QUiE CUM ITA SINT ; Or QUAS OB RES, 

ITA CENSEO.^ Sometimes they used to read their opinion,^ and a 
decree of the senate was made according to it.'' 

When a senator did not give an entire assent to the opinion 
of any one, but thought that something should be added, he said, 
sERviLio AssENTiOR, ET HOG AMPLius CENSEO ; whicli was Called, 
addere sententi(B vel in sententiam.^^ 

6. MANNER OF MAKING A DECREE OF THE SENATE. 

When several different opinions had been offered, and each 
supported by a number of senators, the consul or magistrate re- 
siding might first put to the vote which opinion he pleased," or 
suppress altogether what he disapproved.^^ And herein consisted 
the chief power of the consul in the senate. But even this was 
sometimes contested by the tribunes. ^^ 

A decree of the senate was made by a separation ^* of the sena- 
tors to different parts of the house. He who presided said, '^ l>et 
those who are of such an opinion pass over to that side ; those 
^vho think differently, to this."^^ Henc« ire pedibus in senten- 
iiam alicvjus, to agree to any one's opinion; ixwA discedere \. 
transire in alia omnia, for contrariiim sentire}^ Frequentes 
ierunt in alia omnia, a great majority went into the contrary opi- 
lion. Frequens senatus in alia omnia iit, discessit}'' The phrase 
oui ALIA OMNIA, Avas uscd instead of qui non gensetis, sc. hoc, from 
a motive of superstition.^^ 

Those senators who only voted, but did not speak, or, as some 

1 iurati, Liv. xxvi. 33. vl. J5. Sail. Cat. 51. quam consuleE, Gic. 
XXX. 40. xli'. 21. Tac. 6 Sail. Cat. 11. 5?. 11 sententiain prlmam Fam. i. 2. 

Ann. iv. 21. 7 Cic. Phil. iii. 15. v. 4. pronunciare, ut in esm 14 per discessionem. 

2 Cic. Phil. vii. 1. Liv. ix. 7. cliscessio ileret, Cic. 15 qui lioc ccnsctis, 
XXX. SI. 8 de scripto dicere, Gic. Fam. i. 2. x. 1'2. illuc transite, qui alia 

3 Cic. ill Pis. 13. Liv.ii. Fam. x. 13. 12 negarp se pronuncia- omnia, in hanc partem. 
39. 9 in sententiam alicu- tuntm, Gees. Bell. Giv. 16 Plin. Ep. viii. 14. 

4 T ic. Hist. iv. 4. jus. vel ita ut ille cen- i. 1. 17 Gic. Foiii. i. 2. viii. 

5 C'lr. et 1/iv. passim. seb.it. . 13 ante se opportere 13. x. 12. 

Gic. I'liil, viii, 1. Liv. HI Cic. Piiil, xiii. 21. discessionem faceie, 18 ominis causa, Fest. 



THE SENATE. 



13 



say, who had the right of voting but not of speaking, were called 
pEDARir,^ because they signified their opinion by their feet, and 
not by their tongues : or, according to others, because not hav- 
ing borne a curule magistracy, they went to the senate on foot.^ 
But, according to Piiny, anciently all the senators went to the 
senate on foot; and the privilege of being carried thither in a 
chariot was never gTanted to any one but Metellus, who had 
lost his sight in rescuing the Palladium, or image of Pallas, 
from the temple of Vesta when in flames.^ 

He who had first proposed the opinion,* or who had been the 
principal speaker in favour of it, the consul, or whoever it was,^ 
passed over first, and those who agreed with him followed.*' 
Those who differed went to a different part of the house ; and 
into whatever part most of the senators went, the consul said of 
it, "This seems to be the majority."^ Then a decree of the se- 
nate was made according to their opinion,^ and the names of 
those who had been most keen for the decree, were usually pre- 
fixed to it, which were called auctoritates perscriptcB vel prcB- 
scriptcB, because they stayed to see the decree made out.^ Se- 
natus consultum ea perscriptione est, of that form, to that effect.^" 

Anciently the letter T was subscribed, if the tribunes did not 
give their negative ; for at first the tribunes were not admitted 
into the senate, but sat before the senate-house on benches, till 
the decrees of the senate were brought to them for their appro- 
bation or rejection.^^ This, however, was the case only for a 
very short time ; for A. U. 310, we find Canuleius, one of their 
number, speaking in the senate, and Dionysius says they were 
admitted soon after their institution.^^ 

When a decree of the senate was made, without any opinions 
being asked or given, the fathers were said, pedibus ftrre sen- 
tentiani ; and the decree was called senatus consultum per dis- 
CESsiONEM.^^ But when the opinions of the senators were asked, 
it was simply called senatus consultum.^* Although it was then 
also made per discessionern ; and if the senate was unanimous, 
the discessio was said to be made sine ulla varietate. If the con- 
trary, in magna varietate sententiarum?^ 

In decreeing a supplication to any general, the opinions of 
the senators Avere always asked ; hence Cicero blames Antony 
for omitting this, in the case of Lepidus.^^ Before the vote was 
put,^'' and while the debate was going on, the members used to 
take their seats near that person whose opinion they approved, 

1 Fpst. A. (Jell. ill. 18. 5 princeps vel auctor 9 scribendo adruernnt, Phil. iiL 9. Suet. Tib, 
Cic. ad Att. i. 19, liU. sentpptiae, Ov. PonU ii. l. e. senatus consiiUi 31. 

2 A. Gell. iii. 18. 3.31. conficipndi testes eranl. 1 1 ":•■, 'n Pis. 8. 

3 Hist Nat. vii. 43. s. 6 Plin, Ep. ii. 11. 10 Cic. Fam. v. 2. 15 Cirw pro Sext. 34. 
45. 7 hccc pars major vivie- 11 Val. Max. ii. 7. lt> Pliil. iii. 9. 

4-inu sentontiam sena- tur. 12 Liv. iv. l.Diony. vii. 17 ante discessionfim 

tiii prSstitisset, Ci'-. in 8 I'lin. Kp. ii. ]2. Cic. 49. f^ctam. 

Pis. •«. Or. iii. i. 13 h.Gl-II. xiv, 7. Cic. 



14 ROMAN ANTIQUITIES. 

and the opinion of him Avho was joined by the greatest number, 
was called sententia maxime frequens.^ 

Sometimes the consul brought from home in writing- tiie 
decree Avhich he wished to be passed, and the senate readily 
agreed to it.^ 

When secrecy Avas necessary, the clerks and other attendants 
were not admitted; but what passed was written out by some of 
the senators.^ A decree made in this manner was called tacx- 
TuM.* Some think the senatores pedarii were then likewise ex- 
cluded.^ 

Julius Caesar, when consul, appointed that Avhat was done in 
the senate, should be published, which also seems to have been 
done formerly.^ But this was prohibited by Augustus.^ An 
account of their proceedings, however, was always made out ; 
and under the succeeding emperors we find some senator chosen 
for this purpose.^ 

Public registers ^ were also kept of what was done in the 
assemblies of the people, and courts of justice; also of birlhs 
and funerals, of marriages and divorces, &c., which served as a 
fund of information for historians ; hence diurna urbis acta,^^ 
ACTA popuLi,^^ ACTA PUBLiCA,^' uRBANA, usually Called by the sim- 
ple name acta.^^ 

Senatus consultum and decretum are used promiscuously to 
denote what the senate decreed ;^^ but they wei'e also distin- 
guished as a genus and species, decretum being sometimes put 
lor a part of the SCtum, as when a province, an honour, or a 
supplication was decreed to any one.^^ Decretum is likewise ap- 
plied to others besides the senate ; as, decreta consulum, aucju. 
rum, pontificum, decurionum, Ccssaris, prmcipis,Judicis, &c., so 
likewise consulta, but more rarely ; as, consulta sapientum, the 
maxims or opinions, consulta belli, determinations, Gracchi}^ 

In writing a decree of the senate, the time and place Avere 
put first, then the names of those Avho were present at the en- 
grossing of it ; after that the motion, with the name of the ma- 
gistrate who proposed it ; to all which was subjoined what the 
senate decreed. Thus, senatus consul ti auctoritas, pridie kal. 

OCTOB. in iEDE APOLLINIS, SCRIBENDO ADFUERUNT, L. DOMITIUS, &C. 
QUOD M. MARCELLUS COS. VERBA FECIT DE PROVINCIIS CONSUL ARI3US, 
DE EA RE ITA CENSUJT, V. CENSUERUNT, UTI, &C.^' HcUCe WO rea(i, 
DE EA RE SENATUS CONSUL TUS ITA CENSUIT, DECREVIT ; alsO PLACKRB 
SENATUI ; SENATUM VELLE ET jEQUUM CENSERE ; SENATUM EXISTI- 
MARE, ARBITRARI, ET JUDICARE ; VIDERI SENATUI. ^^ 

1 Plin. Ep.viii.14.ii.ll. 7 Suet. Aug. 36. 12 Tac. Ann. xii. 21. 15 Fpst. 

2 Cic. Piiil. i. 1. 8 Actis vel commenta- Siiet. Tib. v. I'Jin. lip. Iti Cic. Legg. i. 24. Sil. 

3 Cic. pro SixU. J4. riis senatus coniicitn- vii.33. iv. 35. vii. 34, 

4 CapitoIin.Goi-dian.l2. dis. Tac. Ann. v. ). ]3 Id. iy. 15. Cir. Fam. 17 Cic. Fani. viii. 8. 

6 fromValr. Mu-:.ii.2. 9 acta, i. e. tabulae vel xii. 8. ITui vii. 51. 18 Cic. Liv. S.iii. .\c. 

(J Diurna Act:i. .'>u t. coinmentarii. 14 Cic. L.v. et Sail. passim. 

Jul. 20. Cic. pro Std . 10 Tai'. Ann. viii. 3!. passim, so consu'la et 

11. 11 Suet.Jul. 2-.>, decj-. ta palruni, Hor. 



THE SENATE. 15 

If the tribunes interposed, it was thus marked at the end ; 

HUIC SENATUS CONSULTO IKTERCESSIT C. CCELIUS, C. PANSA, TRIE. PLEB. 

Sometimes the tribunes did not actually interpose, but required 
some time to consider of it, and thus the matter was delayed.^ 

When the senate ordered any thing to be done, these words 
were commonly added, primo quoque tempore, as soon as possi- 
ble. When they praised the actions of any persons, they de- 
creed, EOS RECTE, atque ordine videri fecisse, if the contrary, 

EOS CONTRA REMPUBLICAM FECISSE VIDERI.^ 

Orders were given to the consuls,^ not in an absolute manner 
but with some exception; si vjderetur, si e republica esse du- 

CERENT, QUOD COMMODO REIPUBLICB FIERI POSSET, UT CONSULES AL- 
TER, AMBOVE, SI EIS VIDEATUR, AD BELLUM PROFICISCERENTUR.* 

Vvlien the consuls obeyed the orders of the senate, they were 
Slid ESSE vel fore in patrum potestate; and the senators, when 
they complied with the desires of the people, esse in populi po- 
testate.^ 

When the senate asked any thing from the tribunes, the form 
was, senatus censuit, ut cum tribunis ageretur.*' 

'llie decrees of the senate, when written out, were laid up in 
the treasury,' where also the laws and other writings pertaining 
to the republic were kept. Anciently they v.ere kept by the 
asdiles in the temple of Ceres.^ The place Avhere the public 
records were kept was called tabularium. The decrees of tlie 
senate concerning the honours conferred on Csesar were in- 
scribed in golden ktters on columns of silver.^ Several decrees 
of the senate still exist, engTaven on tables of brass ; particularly 
that recorded, Li v. xxxix. 19. 

The decrees of the senate, when not carried to the treasury, 
were reckoned invalid.^° Hence it was ordained, under Tibe- 
rius, that the decrees of the senate, especially concerning tlie 
capital punishment of any one, should not he (varried to the 
treasury before the tenth day, that the emperor, if absent from 
the city, might have an opportunity of considering them, and, 
if he thought proper, of mitigating them.^^ 

liefore the year of the city 306, the decrees of the senate were 
suppressed or altered at the pleasure of the consuls. Cicero ac- 
cuses Antony of forging decrees.^- 

Ajecrees of the senate were rarely reversed. While a ques- 
tion was under debate,^^ every one v.as at freedom to expr^^.v-s 
his dissent ;^^ but when it was once determined,^^ it v.ns looke<l 
upon as the common concern of each membtr to support tiie 
opinion of the majority.^'' 



1 Cie. ibid.proSext.31. 


6 LIv. xxvi. .S3.xx^- 


.11. 


11 T,-.r. Ann. i 


ii. 51. 


, 14 contiadicere vel dis- 


2 J.iv. vasr,f.n. 


7 in .'eiaiiuni cu, 


idc- 


iJio. Ivii. 20. Sue 


■t.Tib. 


sentirp. 


d iiegoluiin datum est 


bantiir. 




75. 




15 re peracta. 

16 quod phuibus plrrii- 
iss t,cunciisti:fiidum. 


ciiiisilibus. 


8 Llv. iii. 0, 55. 




12 J.iv. iii. 55. CI, 


.■.Pi.il. 


4 ).iv.<;T[«.c;c. 


!l Din. xllv. 7. 




V. 4. 




6 L\y. ii. Ml. kc. 


iO Suet. Aui;. 01. 




13 re inteura. 




Piiii. lip. vi. 13. 



16 ROMAN ANTIQUITIES. 

After every thing was finished, the magistrates presiding dis- 
missed the senate by a set form : non amplius vos moraimur, p. c. 

or, NEMO vos TENET ; NIHIL VOS MORAMUR ; CONSUL, CITATIS NOMINI- 
BUS, ET PERACTA DISCESSIONE, MITTIT SENATUM.^ 

7. POWER OF THE SENATE AT DIFFERENT PERIODS. 

The power of the senate was different at different times. 
Under the regal government, the senate deliberated upon such 
public affairs as the king proposed to them ; and the kings were 
said to act according to their counsel,^ as the consuls did after- 
wards according to their decree.^ 

Tarquin the Proud dropped the custom handed doAvn from 
his predecessors, of consulting the senate about every thing ; 
banished or put to death the chief men of that order, and chose 
no others in their room.* But this king was expelled from the 
throne for his tyranny, and the regal government abolished, 
A. U. 243. 

After this the power of the senate was raised to the highest. 
Every thing was done by iis authority. The magistrates were 
in a manner only its ministers f no law could be passed, nor 
assembly of the people held, without their consent.'' But when 
the patricians began to abuse their power, and to exercise cruel- 
ties on the plebeians, especially after the death of Tarquin, A. U. 
257, the multitude took arms in their own defence, made a se- 
cession from the city, seized on Mons Sacer, and created tri- 
bunes for themselves, who attacked the authority of the senate, 
and in process of time greatly diminished it by various means ; 
first, by the introduction of the comitia tributa, and the exclu- 
sion of the patricians from them ;^ then, by a law, made by 
Laitorius the tribune, that the plebeian magistrates should be 
created at the comitia tributa f afterwards, by a law passed at 
the comitia centuriata, by the consuls Horatius and Valerius, 
that the laws passed at the comitia tributa should also bind the 
patricians f and lastly, by the law of Publilius the dictator, A. U. 
*'il4, and of Mceuius the tribune, A. U. 467,^" that before the peo- 
ple gave their votes, the fathers should authorise whatever the 
people should determine at the comitia centuriata.^^ Whereas, 
formerly, whatever the people ordered Avas not ratified unless 
the senators confirmed it.^^ But the power of the senate was 
most of all abridged by the right of the tribunes to render the 
decrees of the senate of no effect by their negative,^^ Still, 
however, the authority of the senate continued to be very great; 

I Plin. Ep. ix. 13. Sext. 65. ix. 49. rertum evcntuni comi- 

i! ex consillo patrum, 6 nisi patribus auctori- 9 plebisclta, Liv. iii,55. tiorum, Liv. 

Liv. i. 9. bu&, li.e. jubentibiisv. 10 l>iv. viii. 12. Cic. 12 nisi patres auctores 

S exscto. Liv.ii.2.&c. permittentibus, Liv. Brut. 14. fierent, Liv. i. 17. 22. 

4Liv. i. 49. vl. 42. Hut fierent auctores i v. 3. '19. Cic. Plane. 3. 

S quasi ministri gravis- 7 Liv. ii. 60. ejus rei quam popuius la intercedcndo. 

fiti'.i concilii, Cic. pro 8 Liv, ii. 56, 57. Diony, jussunis ossef, v.inin- 



THS SENATE. 17 

for as power aiitl majesty properly belonged to the people, sa 
did authority, splendour, and dig-nity to the senate.^ 

The senatorian order is called by Cicero, "ordo amplissimus 
et sanctissimus ; summuni popuK Romani, populorumque et gen- 
tium omnium ac regum consilium :"^ and the senate-house, 
" templum sanctitatis, amplitudinis, mentis consilii public!, caput 
urbis, ara sociorum, portus omnium gentium," &c.^ Hence se- 
nators in foreign countries were treated w ith the highest re- 
spect ;* and as they were not alloAved to leave Italy without per- 
mission, unless to fcjicily and Gallia Narbonensis,^ when they had 
occasion to travel abroad, they usually obtained the privilege of 
a free leg-ation, as it v^as usually called,*^ which gave them a right 
to be treated every wliere Avith the honours of an ambassador. 
In the provinces they had lictors to attend them ; and if they 
had any lawsuit there, they might require that it should be re- 
mitted to Rome.' The advantages of honour and respect were 
the only compensation which senators received for their atten- 
tion to public affaii's.'* 

Although the supreme power at Rome belonged to the peo- 
ple, yet they seldom enacted any thing without the authority of 
the senate. In all weighty aifairs, the method usually observed 
was, that the senate should first deliberate and decree, and then 
the people oi'der.^ But there were many things of great impor- 
tance, wliich the senate always determined itself, unless Avhen 
tliey were brought before the people by the intercessions of the 
tribunes. This right the senate seems to have had, not from any 
express law, but by the custom of their ancestors.^" 

1. The senate assumed to themselves the guardianship of the 
public religion ; so that no new god could be introduced, nor 
altar erected, nor the sibylline books consulted, Avithout their 
order.^^ 2. The senate had the direction of the treasury, and 
distributed the pubHc money at pleasure.^- They appointed sti- 
pends to their generals and officers, and provisions and clothing 
to their armies.^'^ 3. They settled the provinces, which were 
annually assigned to the consuls and prastors, and when it seem- 
ed fit they prolouged their command. ^^ 4. They nominated out 
of their own body all ambassadors sent from Rome,^^ and gave 
to foreign ambassadors what answers they thought proper.^'' 5. 
They decreed all public thanksgivings for victories obtained ; 
and conferred the honour of an ovation or triumph, v.ith tiie 



potestas ill poimlo, 


Att. viii. IJ. .'5:iOt. 


7 Cic.Fam. xii,21.xiii. 


xxxvii. 54. 


auctoritas in seiialu, 


Claud, lb. 2i. Ner. i5. 


2b. 


IS i'olyh. vi. 11. 


(lie. Legg.iii. 12. locus, 


Dio. liii. 42. 


8 Cic. Clu. 55. 


H Cic. Dom. 9. 


auctoritas, donii splen- 


G sine mandatis, sine 


i) senatuscensuitv. de- 


15 Liv. ii. 1.9. XXX 26. 


dor; ajiud exteras na- 


ullo reipublicae mu- 


crevit, populus .jussit, 


xlii. 19. et alibi pas- 


tioiies noiiien et grat a, 


iiere; «t haereditates 


hlv.i.l7.iv.«.x.l2. 


sim. 


1(1. pro Clu. 5b'. 


aut synsraphas suas 


4,=i. xxxvii. 55. t^c. 


lo Cic. Vat. 15. Dom. 


4. Dom, i!8. 


persequcrentur, Cic. 


)C C,c.0r.i.62. 


!). Liv. vi. ib. vii. ZJ. 


3 Mil. 33. 


J.eg". iii. 8. Kjin.xi. 1. 


U J.iv. ix. -io. Cic.Div. 


XXX. 17. 


'1 Ci,-. Verr.lv. 11. 


Ali. XV. 1.'. Suet. iili. 


•)S. 5 1. 




iiae commcatu, Ci'-. 


31. 


12 Oil-. Vat. 15. Liv. 






B 


d 





]8 ROMAN ANTIQUITIES. 

title of iMPERATOR, Oil their victorious gei)er<ils.^ G. They could 
decree the title of king to any prince whom they pleased, and 
declare any one an enemy by a vote.^ 7. They inquired into 
public crimes or treasons, either in Rome or the other parts of 
Italy, and heard and determined all disputes among the allied 
and dependent cities.^ 8. They exercised a power, not only of 
interpreting the laws, but of absolving men from the obligation 
of them, and even of abrogating them,* 9, They could post- 
pone the assemblies of the people, and prescribe a change of 
habit to the city in cases of any imminent danger or calamity.^ 

But the power of the senate was chiefly conspicuous in civil 
dissensions or dangerous tumults within the city, in which that 
solemn decree used to be passed, " That the consuls should take 
care that the republic should receive no harm.'"' By which de- 
cree an absolute power was granted to the consuls, to punish 
and put to death whom they pleased, without a trial ; to raise 
I'orces, and carry on war without the order of the people.'' This 
decree was called ultimum or extremum, and "forma SCti ulti- 
mse necessitatis."^ By it the republic was said to be intrusted 
to the consuls.^ Sometimes the other magistrates were added.^" 
Sometimes only one of the consuls is named, as in the commo- 
tion raised by C. Gracchus, "■ ut L. Opimius consul videret," &c, 
because his colleague Q. Fabius Blaximus was absent.^^ 

Although the decrees of the senate had not properly the force 
of laws, and took place chiefly in those matters which were not 
provided for by the laws ; yet they were understood always to 
have a binding force, and were therefore obeyed by all orders. 
The consuls themselves were obliged to submit to them.^^ They 
could be annulled or cancelled only by the senate itself.^"^ Their 
force, however, in certain things was but temporary ; and the 
magistrates sometimes alleged, that they were binding but for 
one year.^* In the last age of the republic, the authority of the 
senate was little regarded by the leading men and their <Tea- 
tures, who, by means of bribery, obtained from a corrupted po- 
pulace what they desired, in spite of the senate.^^ Thus Caesar, 
by the Vatinian law, obtained the province of Cisalpine (j!aul 
and Illyricum, for five years, from the people ; and soon after 
Gallia Comata or Ulterior, from the senate; the fathers being 
afraid that, if they refused it, the people would grant him tliat 
too.^^ But this corruption and contempt of the senate at last 
terminated in the total subversion of public liberty. 

1 Cic. Pliil. siv. 4, S. Plin. Ep. iv. 9. 9 peimitti v. commen- 13 iiiduci, i. p. ckleri, 

Liv. V. 23. Folyb. vi. 5 Oio. Mur. 25. Att. iv. dari coiisiilibus ; or, poterant. Cic. Dmn. 4. 

li. l(i. Cic. Sext. 12. pcnniUi consulibus ut Att. i. 17. 

SGecs. Liv. Cic passim. 6 ut coiisules darentope- reiiipublicam cletende- 14 Diony. ix. 37. 

3 1-iv. XXX. 2(i. Cic. Ott'. ram, ne quid detrimeiiti rent, Cic. 15 Cic. Sext. 12. App, 
i. 1(1. Polyb. vi. 11. lespublica caperpt. 10 Cajs. ibid. Liv. vi. 19. Bell. Civ. ii. Ha. fcc. 

4 Cic.Dom.16.27. Lcjr. 7 Sail. Boll. Cat. 2J. 11 Cic. Cat. i. 2. Liv. 16 Sutl. Jul. 22. Plut. 
-Manil. 21. Legi'. ii. (.. 8 C:??. Bi.ll. Civ. i. 4. iii. -1. Ca;s. 

Ascou. Cic, Gonml. Liv. iii. 4. 13 Liv. iv. 20.x1ii. 21. 



THE SENATE. 19 

Cicero imagined, that in his consulship, he had established 
the authoi'ity of the senate on a solid basis, by uniting it with 
the equestrian order ; thus constituting what he calls optima 
RESPUBLiCA ; and ascribes the ruin of the republic to that coal- 
ition not being preserved.^ But it was soon after broken,^ by 
the senate refusing to release the equites from a disadvantageous 
contract concerning the Asiatic revenues/ which gave Ciesar, 
when consul, an opportunity of obliging that order, by granting 
their request, as he had formerly obliged the populace by an 
agrarian law, and thus of artfully employing the wealth of the 
republic to enslave it.^ 8ee leges juli-e. The senate and equites 
had been formerly united,^ and Avere afterwards disjoined from 
similar motives. See leges semproni^, dejudiciis. 

Augustus, when he became master of the empire, retained the 
forms of the ancient republic, and the same names of the magi- 
strates; but left nothing of the ancient virtue and liberty.^ 
While he pretended always to act by the authority of the senate, 
he artfully drew every thing to himself. 

Tiberius apparently increased the power of the senate, by 
transferring the right of creating magistrates and enacting laws 
from the comitia to the senate.^ In consequence of which, the 
decrees of the senate obtained the force of laws, and were more 
frequently published. But this was only a shadow of power. 
For the senators in giving their opinions depended entirely on 
the will of the prince; and it was necessary that their decrees 
should be confirmed by him. An oration of the emperor was 
usually prefixed to them, which vias not always delivered by 
himself, but was usually read by one of the quaestors, who were 
called CANDIDA Ti.^ Hence Avhat was appointed by the decrees of 
the senate was said to be oratione principis cautum ; and these 
orations are sometimes put for the decrees of the senate. To 
such a height did the flattery of the senators proceed, that they 
used to receive these speeches with loud acclamations, and never 
failed to assent to them ; Avhich they commonly did by crying 
out omnes, omnes.^ 

The messages of the emperors to the senate were called epis- 
TOLE or LiBELLi ; becauso they were folded in the form of a 
letter or little book. J. Caesar is said to have first introduced 
these libelli, which afterwards came to be used almost on every 
occasion.^'^ 

But the custom of referring every thing to the senate " was 
only observed till the Romans became habituated to slavery. 
After this, the emperors gradually began to order what they 

1 Cic. Cat. iv. 10. Pis. 2 ordinum Concordia 1. 7. 9 Piin. Pan. /o.Vopisc. 

."?. quas sit i;i potpsta- disjnncta est, Cic. Alt. 5 Sail. Jup. 42. Tnc. 7. 

tfiin optinioruin, i. e. i. 13. 6 priscietinte^rimoiis, 111 Plat. Caes.Su^t. Jul. 

noliiliuin et ditissimo- 3 Cic. Alt. i. 17. Tac. Ann, i. 3. ."if), 81. Aug. 53. til. 

nun. IjPRg.iii. 17. api- 4 Suet. (Jws. 20. Cir. 7 Tar. Ann. i. 1.5. Tar. Ann. iv. SH. 

oro^v^aieia.Att.i. 1.1.16. Alt. i. 15. Dio. xxxviii. 8 Su..t. Tit. 6. Aug. 65. 11 Suet. Tib. 30. 



20 R03tAN ANTIQUITIES. 

thouolit proper, without consulting- the senate ; to abrogate old 
laws and introduce new ones ; and, in short, to determine every- 
thing- according to their own pleasure ; by their answers to the 
applications or petitions presented to them ;^ by their mandates 
and laws,^ &c. Vespasian appears to have been the tirst who 
made use of these rescripts and edicts. They became more fre- 
quent under Hadrian : from which time the decrees of the se- 
nate concerning private right began to be more rare ; and at 
length under Caracalla were entirely discontinued. 

The constitutions of the emperors about punishing- or reward- 
ing individuals, which were not to serve as precedents, Mere 
called PBiviLEGiA.^ This word anciently used to be taken in a 
bad sense ; for a private law about inflicting- an extraordinary 
punishment on a certain person without a trial, as the law of 
Clodius against Cicero, which Cicero says was forbidden by the 
sacred laws and those of the twelve tables.* The rights or advan- 
tages ^ granted to a certain condition or class of men, used also 
to be called privilegia ;^ as the privileges of soldiers, parents, 
pupils, creditors, &c. 

The various laws and decrees of the senate, whereby supreme 
power was conferred on Augustus, and Avhich used to be re- 
peated to the succeeding emperors upon their accession to the 
empire,^ when taken together, are called the Royal law, proba- 
bly in allusion to the law by which supreme power was granted 
to Eomulus.^ 

THE EQUITES. 

The equites at first did not form a distinct order in the stale. 
When Romulus divided the people into three tribes, he chose 
from each tribe 100 young men, the most distinguished for 
their rank, their wealth, and other accomplishments, who should 
serve on horseback, and whose assistance he might use for guard- 
ing his person. These 300 horsemen were called celeres,^ and 
divided into three centuries, which were distinguished by the 
same names with the three tribes : namely, ramnenses, tati- 
ENSES, and lucekes. 

The number of the equites was afterwards increased, first by 
Tullus Kostilius, who chose 300 from the Albans ;^" then by 
Tarquinius Priscus, who doubled their number ;^^ retaining the 

1 per rescripta ad libel- Legir. Hi. 19. Dom. 17. 
los. Sexf. Sn. 

2 per edicta et consti- 5 benelicia. 
tutiones. 6 Plin. X. 56, 57. 110. 

S qu isi privao legis, A. 7 turn senatus cuiut;i, 

Gell. X. 2',). principibus solitr., Vps- 

i leges privatis honiini- pasiano d:>crevU, 'Jac. 

bus irrn»;iiri: id est Hist. iv. 3. 

ftniin privilegiuiii, Cic. 8 lex regia, vel lex iin- 



perii, et augiistum pri- 


10 decern turmas; tur» 


vilegium. Liv. xxxiv. 


nia, quasi teriiia dicta 


6. 


est, quod ter denis 


9 raxeis 6 7rt ra tfyi., ad 


equitibiis constaret, 


opera V('loces, Uionjr. 


Varr. Fcst. Li v. i 


ii. 13. vel a«.X,t,cques 


30. 


desultorii.s; vel a C •- 


11 num?ro altcriim t;in- 


lern, poium pva;feclo, 
Fcst. 


turn adjcril. 



THE EOUITES. 21 

munber and names of the centuries; only tliose ^vho were added 
wei'e called Ramnenses, Tatienses, Litceres, posteriores. But 
as Livy says there were now 1800 in the three centuries, Tar- 
quin seems to have done more than double thera.^ 

Servius Tullius made eighteen centuries of equites : he chose 
twelve new centuries from the chief men of the state, and made 
six others out of the three instituted by Romidus. Ten thou- 
sand pounds of brass were given to each of them to purchase 
horses ; and a tax was laid on widows, who were exempt from 
other conti'ibutions, for maintaining- their horses.^ Hence the 
origin of the equestrian order, w hich was of the gTeatest utility 
in the state, as an intermediate bond between the patricians and 
plebeians. 

At what particular time the equites first began to be reckoned 
a distinct order, is uncertain. It seems to have been before 
the expulsion of the kings.^ After this all those who served on 
horseback were not properly called equites or knights, but such 
only as Avere chosen into the equestrian order, usually by the 
censor, and presented by him with a horse at the public expense, 
and with a gold ring. 

The equites Avere chosen promiscuously from the patricians 
and plebeians. Those descended from ancient families were 
called iLLusTREs, sPECiosr, and splendidi. They were not limit- 
ed to any fixed number. The age requisite was about eighteen 
years,* and the fortune,^ at least towards the end of the repub- 
lic, and under the emperors, Avas 400 sestertia, that is, about 
3,229/. of our money. *^ According to some, every Roman citi- 
zen Avhose entire fortune amounted to that sum, Avas every lus- 
trum enrolled, of course, in the list of equites. But that Avas 
not always the case. A certain fortune seems to have been ahvays 
requisite." 

The badges of equites Avere, 1. a horse given them by the 
public ; hence called legitimus ;^ 2. a golden ring, Avhence an- 
KULO AUREo DoxARi,^ to bccouie a knight; 3. angustus clavus, or 
tunica angusticlavia ; 4. a separate place at the public specta- 
cles, according to the laAv made by L. Roscius Otho, a tribune 
of the people, A. U. 686,^° that the equites should sit in 14 rows,^^ 
next to the orchestra, Avhere the senators sat ; Avhence sedere 
IN QUATuoRDEcni, or in EQuESTRiBus ; or spectare in eouite,^^ to 
be a knight. 

The office ^^ of the equites at first w^as only to serve in the 
army : but afterAvards also to act as judges or jurymen,^* and to 

1 Liv. i. 30. Romulus mission of the Sabines C Hor. Ep. i. 1. 57. 11 in xiv. grcdibus. 

probably added two into tiie city, Dioiiy. ii. Plin. Ep. i. 19. l"^ for equitem esse, 

hundred to each cen- 47. 7 Liv. v. 7. iii. 27. Suet. 

tury of equites, as he 'i Liv. i. 43. H Ov. F. iii. 130. 13 mnnns. 

added one hiuuired to 3 Liv. i. 35. ii. 1. f) for inter equites lp<;i. l-l ul iui.carenl. 

the number of the se- 4 Dio. Iii 20. lH Dio. rxxvi 2.5. .lnv. 

uatois, upon the ad- ,=> cr-iisus. iii. 153. xiv. o2l. 



22 ROMAN ANTIQUITIES. 

farm the public revenues.^ 
nate till the year of the city 631, at which time, on account of 
the corruption of that order, the right of judging- was transferred 
from them to the equites, by the k'empronian law, made by C. 
(Gracchus. It was again restored to the senate by Sylla ; but 
afterwards shared between the two orders. 

The equites Avho farmed the revenues were divided into cer- 
tain societies, and he who presided in such a society was called 
MAGisTER soGiETATis.^ Thcsc farmers ^ were held in such respect 
at Rome, that Cicero calls them homines amplissimi, honestissimi, 
et ornatissimi ; flos equitum Romanorum, ornamentum civifatis, 
firmamentuTii reipuhUc(B.^ But this was far from being the case 
in the provinces, where publicans were held in detestation/ es- 
pecially their servants and assistants. 

A great degree of splendour was added to the equestrian or- 
der by a procession ^ v/hich they made through the city every 
year on the fifteenth day of July,^ from the temple of Honour, 
or of Mars, Vvithout the city, to the Cnpitol, riding on horse- 
back, Avith wreaths of olive on their heads, dressed in their togcB 
palmatcB, or trahecB, of a scarlet colour, and hearing in their 
hands the military ornaments Avhi<^h they had received from 
their general, as a reward for their valour.^ At this time it was 
not allowable to cite them before a court of justice : such was at 
least the case under Augustus,^ 

Every fifth year, when this procession was made, the equites 
rode up to the censar seated in his curule chair, before the 
Capitol, and dismounting, led along ^^ their horses in their hands 
before him, and in this manner they were reviewed.^^ 

If any eques was corrupt in his morals, or had diminished his 
fortune, or even had not taken proper care of his horse, the 
censor ordered him to sell his horse,^^ and thus he was reckoned 
to be removed from the equestrian order ; hence adimere equum, 
to degrade an eques : but those whom the censor approved, 
vv^ere ordered to lead along ^^ their hoi'ses.^' 

hi this time also the censor read over a list of the equites, and 
such as Avere less culpable were degi-aded^^ only by passing 
over their names in the recital.^*^ We find it mentioned as a 
reward, that a person should not be obliged to serve in the 
army, nor to maintain a public horse," but this exemption 
could be granted only by the people. ^^ 

The eques whose nnme was first marked in the censor's books, 
was called eouestris ordinis princeps.^^ or princeps juventutis ; 



1 vPCti^aVia conducore. 
-i Gic. Fain. xiii. 9. 


Liv. ix. 46. 


tiir. 


trl mo 


i sunt 


8 Dionr. vi. 13. Plin 


12 Gell. iv. 2n. Liv. 


le Su. 


. ('al.'lF. 


3 publicani. 

4 Leg.Maii\1.7.Planc.9. 


XV. 4,5. 


xxi>:. 37. 


17 ne i 




9 ;^uel. A I.,'?. 38. 


13 tradiicere. 


113VP 1 


i-Hsor ci e 


5 Asc. Gic. Verr. ii. 3. 


iO- tr;<d,.reb:mt. 


14 Ov. T. ii. 89. 


public 


im assi"ii 


<> tiansveotione. 


11 Cin(nM.4S. 0„in. 5 


, 15 qui minoreculpa (e- 


18 I/iv 


NXxix. 11 


7 iUibus OuiMctilibus, 


11. i3. lecoanosccb.-n 


nrrciitiir, ordiiieemios- 


19 Plin 


. !•:?. i. 11 



PLEBEIAN OR POPULAR ORDER. 23 

not that in reality the equites were all young- men, for many 
grew old in that order, as ."^lajcenas and Atticus ; and we find 
the two censors, Livius and Nero, were equites,^ but because 
they had been generally so at their first institution ; and among 
the Romans men were called juvenes till near fifty. Kence we 
find Julius Cassar called adolescentulus, when he stood candidate 
for being high-priest, although he was then thirty-six years old, 
and Cicero calls himself adolescens when he was consul.^ Un- 
der the emperors, the heirs of the empire %vere called principes 
juventutis, re\ juvenum.^ We find this name also applied to the 
whole equestrian order.^ 

PLEBEIAN OR POPULAR ORDER. 

All the other Roman citizens, besides the patricians and equites, 
were called plebs or populus. Populus sometimes comprehends 
the whole nation ; as, clementia romani populi : or all the peo- 
ple except the senate ; as, srnatus populusoue romanus. In 
^vhich last sense plebs is also often used ; as Avhen we say, that 
the consuls were created from the plebeians, that is, fi'oni those 
who were not patricians. But plebs is usually put itbr the low- 
est common people ; hence, ad populum phhemqiie referred 
Thus Horace : /j/e^^ eris, i. e. unus e plebe, a plebeian, not an 
eques ; who also uses plebs for the Avhole people." 

The common people who lived in the country, and cultivated 
the ground, were called plebs rustica.'' Anciently the senators 
also did the same, but not so in after times.^ The comaion 
people Avho lived in the city, merchants, mechanics, &c. were 
called PLEBS urbana.^ Both are joined, ^al. Jug. 73. 

The PLEBS rustica was the most respectable.^*^ The plebs uk- 
BANA was composed of the poorer citizens, many of whom fol- 
lowed no trade, but were supported by the public and private 
largesses/^^ In the latter ages of the republic an immense 
quantity of corn was annually distributed among them at the 
public expense, five bushels monthly to each man.^^ Their 
principal business was to attend on the ti'ibunss and popular 
maijistrates in their assemblies; hence they were called turba 
KORENSis,^^ and from their venality and corruption, oper.e con- 
DUCTiE vel mercenarily in allusion to mercenary workmen ,^^ 

0PER.E CONDUCTORUM,^^ MULTITUDO CONDUCTA,^^ CO^-CIONES CONDUC- 

TiE," coNCiONALis HiRUDo (BrcuU, misera ac jejuna plebecula,^- 
F.^x et sordes urbis,^-' urbana et perdita plebs."'''^ 

1 l/iv. xxU. a7. 6 Ep. i. 1. 5d. Od. iii. ma, Tic. RuU. ii. 31. 14 C'lC. Sext. 17. 27. Q, 

2_SaIl. Gat. 49. Phil. ii. 14.]. laiidatissima, Piiri. fratr. ii. 1. Att. i. 13. 

5. 7 Liv. XXXV. 1. xviii. S. 15 Sext. 5(!. 

3 Suet. Cal. 15. Ov. P. 8 Cic. Sen. Itj. Li\'. iii. 11 eos publicum malum 16 P;;ii. i. y. 
>i. i.n. 26. ' alebat. S.ii!. Cit. 37. 17 Sext. •!'.'. 53 

4 i.iv.xUi. 61, 9 Cic Oft", i. 42. Sail. 13 Sail. Fia . ec. Cart. 18 Alt. i. lo. 
^ (Vh:.F.:m.viii. S.Sol!. Cat.H7. p. <>74. ' 19 lb. i: . 

i. lU. iO optima etniodeslissi- IJ Liv. i\. Hi. '.lU li.vli.o. 



24 ROMAN ANTIQUITIES. 

Cicero often opposes the populace ^ to the piincipal nobility.^ 
There were leading men among the populace,^ kept in pay by 
the seditious magistrates, who used for hire to stimulate them 
to the most daring outrages.* The turbulence of the common 
people of Rome, the natural effect of idleness and unbounded 
licentiousness, is justly reckoned among the chief causes of the 
ruin of the republic. Trade and manufactures being considered 
as servile employments,^ they had no encouragement to indus- 
try ; and the numerous spectacles which were exhibited, parti- 
cularly the shows of gladiators, served to increase their natural 
ferocity. Hence they vv^ere always ready to join in any con- 
spiracy against the state. ** 

OTHER DIVISIONS OP THE ROMAN PEOPLE. 

I. PATRONS AND CLIENTS ; NOBILES, NOVI, AND IGNOBILES ; OPTIMATES, 
AND POPULARES. 

That the patricians and plebeians might be connected together 
by the strictest bonds, Komulus ordained that every plebeian 
should choose from the patricians any one he pleased as his pa- 
tron or protector, whose client he was called.^ It was the part 
of the patron to advise and to defend his client, to assist him 
with his interest and substance ; in short to do every thing for 
him that a parent uses to do for his children. The client was 
obliged to pay all kind of respect to his patron, and to serve 
him with his life and fortune in any extremity.^ 

It was unlawful for patrons and clients to accuse or bear Avit- 
ness against each other ; and whoever was found to have acted 
otherwise, might be slain by any one with impunity, as a victim 
devoted to Pluto and the infernal gods. Hence both patrons 
and clients vied with one another in fidelity and observance, 
and for more than 600 years we find no dissensions between 
them.'^ Virgil joins to the crime of beating one's parent that 
of defrauding a client.^" It was esteemed highly honourable for 
a patrician to have numerous clients, both hereditary, and ac- 
quired by his own merit.^^ 

In after times, even cities and whole nations were under the 
protection of illustrious Roman families ; as the Sicilians under 
the patronage of the Marcelli,^^ Cyprus and Cappadocia under 
that of Cato,^^ the Allobroges under the patronage of the Fabii/* 
the Bononienses, of the Antonii,^^ Lacedaemon, of the Ciaudii."^ 
Thus the people of Puteoli chose Cassius and the Bruti for their 



1 populus, plebs, mul- 
titudo, teiiuiores, 


Sext. 48. 68. &c. 


7 quod eum colebat. 


iii. 18. 


3 duces inultitudinnm. 


8 Diony. ii. 10. 


13 Cic. Fam.xv.4, 


&c. 


4 Sail. Cat. 5li. Cic. 


9 ibid. 


14 Sail. C.it. ^i. 


2 princip?s delecti, op- 


Sent. 37. 46. 


10 iEn. vi.605. 


15 Suet. Ans,. ir. 


timalPS et optimaliuin 


5 Sail. Cat. 4. Diony. 


n Hor. Kp. ii.l. 103. 


16 Id. 1 ib. 6. 


piincipfis, honesti,boni, 
locupletcs, &c. Cic. 


U. 23. 


Juv.x.41. 




6 Sull. Cat. 37. 


li Cic. Cxc. 4. VciT. 





GEXTES, FAMiLI.E, &C. 25 

patrons,^ Capua chose Cicero." This, liowe\er, seems to have 
taken place also at an early period.^ 

Those Avhose ancestors or themselves had borne any curule 
magistracy, that is, had been consul, praBtor, censor, or curule 
aedile, were called nobiles, and had the right of making images 
of themselves, Avhich v.ere kept with great care by their pos- 
terity, and carried before them at funerals.* 

These images were nothing else but the busts or the effigies 
of persons down to the shoulders, made of wax and painted ; 
which they used to place in the courts of their houses,^ enclosed 
in wooden cases, and seem not to have brought them out, ex- 
cept on solemn occasions.^ There were titles or inscriptions 
written below them, pointing out the honoiu's they had enjoyed, 
and the exploits they had performed.^ Hence imagines is often 
put for nobilitas^ and cercB for imagines.^ Anciently this right 
of images was peculiar to the patricians ; but afterwards the ple- 
beians also acquired it, when admitted to curule offices. 

Those A\ ho were the first of their family that had raised them- 
selves to any curule office, were called homines novi, new men 
or upstarts. Hence Cicero calls himself /iomo joer se cognitus?^ 

Tliose who had no images of theii' own or of their ancestors, 
were called ignobiles. 

Those who favoured the interests of the senate, were called 
oPTiMATEs,^^ and sometimes proceres or jjrincipes ; those who 
si.adied to gain the favour of the multitufle, Avere called popu- 
LAREs, of whatever order they were.^^ This was a division of 
factions, and not of rank or dignity. ^^ The contests betwixt 
these two parties excited the greatest commotions in the state, 
which finally terminated in the extinction of liberty. 

II. GENTES AND FAMILI^ ; NAMES OF THE ROMANS J INGENUI 
AND LIBERTINI, &C. 

The Romans were divided into various clans (gentes), and 
each gens into several families.^* Thus in the gens Cornelia 
were the families of the Scipiones, Lentuli, Cethegi, Dolabellas, 
Cinnee, Syllae, &c. Those of the same gens were called gen- 
tiles, and those of the same family agnati.^^ But relations by 
he father's side were also called agnati, to distinguish them 
from cognati, relations only by the mother's side. An agnatus 
might also be called cognatus, but not the contrary. Thus pn- 
truus, the father's brother, was both an agnatus and cognatus : 
but avunculus, the mother's brother, was only a cognatus.^^ 

Anciently patricians only were said to have a gens.^^ Hence ^^ 



1 Cic. Phil. ii. ^11 




5 ,-.tri.. 9 Ov. A. i. S. 65. 




15 Cic. Top. c. 6. F sU 


2 Gic. Pis. 11. 


Fam. 


6 Polyb. vi. 51. 10 Cat. i. 11. 




in voce Gentiles. 


xvi n. 




7 Juv. Sat. vili. 69. 11 Liv. ii.3i. 




16 Dl-est. 


3 Liv. ix. 20. &c. 




Plin. XXXV. 2. 12 Cic. Scxt. 45, 




17 Liv.x.S. 


4 jus imagii.uin, 


Plin. 


8 Sail. Jug. eS. Liv. ili. 13 Diony. ix. 1. 




18 Cic. i:,im.ix.21. 


XXXV. J. 




58. n in ramili..sv.sti 
C 


-pes. 





26 ROMAN ANTI^jUiriKS. 

some patricians were said to be majoruni. gentium, and others 
rninorum gentium. Jkit wlicn the plebeians obtained the righi 
of intermari'iage with the patricians, and access to the lionours 
oftlie state, they likewise received the rights of gentes, which 
rights were then said to be confounded by these innovations.^ 
Hence, however, some gentes were patri(;ian, and others ple- 
beian ; and sometimes in the same gens there were some fami- 
lies of patrician rank, and others of plebeian. Hence also sine 
gcnte, for liherlinus et non generosiis, ignobly born„^ 

To mark the different gentes and familitC, and to distinguish 
Use individuals of the same family, the liomans, at least the 
more noble of thesn, had commonly tliree names, the prcBnomeri, 
nonieti, and cognomen? 

Tlie PRiNOMEN was put first, and marked the individual. It 
was conuuonly written with one letter; as, A. for Aulus; C 
Caius ; E*. Decimus; K. Kreso; L. Lucius; M. Marcus; M'. 
Manius ; N. Numei-ius ; F. Publius ; Q. Quintus; T. Titus; 
sometimes with two letters, as, Ap. Appius; Cn. Cneius; k-p. 
iSpurius ; Ti. Tiberius; and sometimes witli three, as. Mam. 
Mamercus ; Sen Servius ; Sex. Sextus. 

The NoiMEN was put after theprajnomen, and marked the g-ens 
and commonly ended in -ius ; as, Cornelius, Fabius, Tullius, 
Julius, Octavius, &c. The cognomen w«as put last, and niarked 
tlie familia ; as, Cicero, Caesar, &c. I'luis, in l^ublius Ccunelius 
JScipio, Publius is the pricnomen ; Cornelius, the nomen ; and 
^cipio, the cognomen. 

^•ome gentes seem to have had no surname; as the Marian ; 
thus, C. Marius, Q. Scrtorius, L. Munnviius,'* liens and familia 
seem sometimes to be put the one for tlie other : tluis, FaOiu gens, 
\: familia.^ 

8ometimes there wms also a fourth name, (tailed the agnomen 
or cognomen, added from some illu.^trious action or remarlvable 
event. Thus Scipio was named Africanus, from the conquest of 
Carthage and Africa. On a similar account his brother Lucius 
(vornelius Scipio was named Asiaticus. 80 Quintus Fabius 
Maximus was called Cundator, from his checking- the impetu- 
osity of Hannibal by declining battle. We tind likewise a se- 
cond agnomen, or cognomen, added; thus, the latter Fublius 
Cornelius Scipio Africanus is (tailed /Emilianus, because he was 
the son of L. TKinilius Faulus, and adopted by the son of the 
great Scipio, who had no male (children of his own. But he is 
commonly called by authors Africanus Minor, to distinguish him 
i'rom the former iS<-ipio Africanus. 

Tlie Ilomans at first seem ti have had but one name, as, Ro- 
mulus, Kemus, kv. or two; as, Numa Fc/upilius, Tullus Hosti- 

J ima rciitium, vel con- 2 Suot. Ti'j. l.Uo.-. S:it. 3 Juv. i'. 1 ;0. Ouiii. 4 I'lul. in Mii.io. 
tlli,-., Liv. iv. 1. &.C. li. 5. 15. vui. y.27. J.iv. ii. 'ly. 



GENTJ.S, FAMILI.T:, ScC. 27 

lius, Anciis Jlarlius, Tarquiuius Priscus, Servius Tullius, Sex- 
tus Tarqiiinius. But when they were divided into tribe;s or 
<;laiis and families/ they began commonly to have three ; as, L. 
Junius Brutus, M. Valerius Foplicola, &c. 

The thi'ee names, hov.ever, were not always used ; commonly 
two, and sometimes only one, namely, the surname."^ I'ut in 
speaking to any one, the prajnomen was generally used, as be- 
ing peculiar to citizens; for slaves had no pranomen. Hence, 
(jaudent prcBnoniijie molles auricul(E? 

The surnames were derived from various circumstances ; either 
from some quality of the mind, as, Cato from wisdom, i. e. cotus, 
wise ;^ or from the habit of tlic body, as, Calvus, Crassus, I^Iacer, 
&c. ; or from cultivating' particular fruits, as, Lentulus, Piso, 
Cicero, &c. Certain surnames sometimes gave occasion to jests 
and witty allusions; thus, Asina;^ so, ^'erranus Calatinus;° hence 
also in a different sense Virgil says, vel te siilco, Serrano, seren- 
tem^' for Q. Cincinnatus was called serranus, because the am- 
bassadors from the senate found him sowing-, when they brought 
him notice tbat he was made dictator.^ 

The prffinoraen used to be given to boys, on the 9th day, 
w]ii(;h was called dies lustricuSy or the day of purification, when 
certain religious ceremonies were performed.'' The eldest son 
of the family usually got the prasnomen of his father; the rest 
were named from their uncles or other relations. 

When there was only one daughter in a family, slie used to 
be called from the name of the gens; thus, Tullia, the daughter 
of Cicero; Julia, the daughter cf Caesar; Octavia, the sister of 
Augustus, &c. ; and they retained the same name after they 
were married. When there were two daughters, the one was 
called Biajor, and the other ]\]inor; thus, Cornelia iMajor, Cor- 
nelia Minor. If there were more than two, they Avere distin- 
g^uished by their number ; thus, Prima, Secunda, I'ertia, Quarta, 
Quinta, &c, ,^" or more softly, Tertulla, Quartilla, Quintilla, 
&c.^^ Women seem anciently to have also iiad prainoniens, 
\vhich were marked with inverted letters; thus, for Caia, '1 
for Lucia, &(^ 

During the flourishing state of the republic, the names of the 
gentes, and surnames of the familia% always remained lixed and 
certain. They were common to all the children of a family, 
a id descended to their posterity. But after the subversion ot 
liberty they were changed and confounded. 

Those were called liberi, free, who had the power of floing- 
what they pleased. Tliose who were born of parents who ha<i 



1 in r;cnles et fd'iiii- 


bo snothed \vith flat- 


6 Cic. Sejtf. M. 


10 Van-. Ut, V 


iii. 3 


li,.s. 


liM-iui; lilies, Uoi-. S;it. 


7 i n. vi.8U. 


Su. t Jul V\. 




a Sail Cut. IT.Cic. Ep. 


ii b .ii. 


8 Pliii.xviii.3. 


11 Cc Alt. xiv 


.20. 


pnssiin. 


V Cic. Sen.2. fic. 


!) Macro!). Ssl. i 


)']. 




3 deliw'ie eii.'i lovo tc 


j Hi.r. Kp. i. 1 ; a. 

c 


Suet. Nor. (j. 







28 ROMAN ANTIQUITIES. 

been always free, were called ingenui. Slaves made free were 
called LiBSRTi and libertini. They were called liberti in rela- 
tion to their masters, and Jihertini in relation to freeborn citi- 
zens ; t\\\xs, libertus mens, Ubertus Ccssaris, and not libertinus ; 
but libertinus homo, i. e. 7ion ingenuus. Servus cum maim mitii- 
tu7;Jit libertinus/ {non libertus.) 

Some think that libertini were the sons of the liberti, from 
Suetonius, who says that they were thus called anciently f but 
this distinction never occurs in the classics. On the contrary, 
we find both words applied to the same person in writers who 
flourished in different ages.^ Tliose Avhom Cicero calls liber- 
tini, Livy makes qui servitutem servissent.^ Hence Seneca 
often contrasts servi et Uberi, ingenui et libertini.^ 

SLAVES. 

Men became slaves among' the Romans, by being taken in Avar, 
by sale, by Avay of punishment, or by being born in a state of 
servitude.'' 

1. Those enemies who voluntarily laid down their arms and 
surrendered themselvt^s, retained the rights of freedom, and 
were called dedititii.^ But those taken in the field, or in the 
storming of cities, Mere sold by auction {sub corona, as it was 
termed,^ because they Avore a crown Avhen sold ; or sub Jiasta, 
because a spear Avas set upAvhere the crier or auctioneer stood). 
They Avere called servi," or mancipia.-^'^ 

2. There Avas a continual market for slaves at Rome. Those 
Avho dealt in that trade ^^ brought them thither from various 
countries. The seller was bound to promise for the soundness 
of his slaves, and not to conceal their faults.^^ Hence they were 
commonly exposed to sale ^^ naked ; and they carried a scroll 
hanging at their necks, on Avhich their good and bad qualities 
Avere specified. ^^ If the seller gave a false account, he was 
bound to make up the loss, or in some cases to take back the 
slave.^^ Those Avhom the seller Avould not Avarrant,^^ were sold 
Avith a kind of cap on their head." 

Those brought from beyond seas had their feet Avhitened 
Avith chalk,^^ and their ears bored. ^" Sometimes slaves Avere 
sold on that condition, that if they did not please they should be 
returned within a limited time.^" Foreign slaves, Avhen first 

1 Quin. viii. 3. 27. 6 seivl aut nasceban- lUii,Cic.Or.70. mii ve- 17 pileati, Gell. vli. 4. 

2 Claud. 24. so Isid. ix. tur aut fiebant. nnles habebant, Piaut. 18 cretatis v. gypsatis 
4. 7 Liv. vii. 31. Cses. i. Trin. ii. 2. 51. pedibus, Plin. Hist. 

3 Plaut. Mil. Glor. Jv. 27. 12 Hor. Sat. ii. 3. 285. xxxv. 17, 18. s. 53. 
1. 15. 16. Cic. Verr. i. 8 Liv. v. 22. &c. 13 pioducebantur. Tibull. ii. 3. 64. 

47. 9 quod esserit balloser- 14 titulus vel inscriptio, 19 auiibus perforatis, 

4 Cic. Or.i.g.Liv.xIv. vati. Isid. ix. 4. Gell. iv. 2. Juv. i. 104. 

15. 10 quasi nianu capti, 15 Cic. Off. ili. 16, 17. 20 redhiberentur, Cic. 

5 Vit. Beat. 24.Ep. 31. Varr. Lat. v. 8. 23. Off. iii. 2). Plant. 
&c. 11 niiin^oues vel vena- 16 prsstare. Most. iii. 2. 113. Kest.. 



SLAVES. 29 

l)rou(>{it to the city, ^\ere called venales, or servi kovicii:^ 
slaves who had served long-, and hence were become artful, ve- 

It was not la\vful for free-born cl'tizens among the Romans, 
as among- other nations, to sell themselves for slaves, much less 
was it allowed any other person to sell free men. But as this 
j^ave occasion to certain frauds, it was ordained by a decree ol: 
the senate, that those who allowed themselves to be sold for the 
sake of sharing- the price, should remain in slavery. Fathers 
might, indeed, sell their children for slaves, but these did not 
on that account entirely lose the rights of citizens. For when 
freed from their slavery, they were held as ingenui, not liber- 
tini. The same Avas the case v.ith insolvent debtors, who weie 
given up as slaves to their creditors.^ 

3. Criminals were often reduced to slavery, by way of pun- 
ishment. Thus those who had neglected to get themselves en- 
rolled in the censor's books, or refused to enlist,* had their 
goods confiscated, and, after being scourged, were sold beyond 
the Tiber.^ Those condemned to the mines, or to fight with 
wild beasts, or to any extreme punishment, were first deprived 
of liberty, and by a fiction of law, termed slaves of punishment.^ 

4. The <hildren of any female slave became the slaves of her 
mjister. There Avas no regular marriage among slaves, but 
their connection was called contubernium, and themselves, con- 
tubernales. Those slaves who were born in the house of their 
masters, were called vern^, or vernaculi ; hence lingua verna- 
cula, V. -ains, one's mother tongue. These slaves wei-e n)ore 
petulant than others, because they were commonly m: re iu- 
dulged.'^ 

The whole company of slaves in one house, Avas called fami- 
LiA,^ and the sla,\es, familiar es.^ Hence fa7mli(S philosophonm/, 
sects ;^" sententia, qu<B fumiliam duett, honestum quod sit, id esse 
SOLUM bonum; the chief maxim of the Stoics ;^^ Lucius faini I lam 
ducit, is the chief of the sect ;^^ accedit ttiam^ quodjamiliam du- 
cit, &c. is the chief ground of praise.^"^ 

The proprietor of slaves was called dominus ;^* Avhence this 
Avord Avas put for a tyrant.^^ On this account Augustus and 
Tiberius refused the name.^^ 

Slaves not only did all domestic services, but Avere likcAvise 
employed in various trades and m.anufacturos. iSuch as had 



1 Cic. Qu-m. 6. Plin. 


5 This must, however, 


P.r. r. 2. fainilia con- 


in Cic Fin. iv IS.Div, 


Ep. i 21. Quhi. i. la. 


have sunk into a mere 


st. it ex s.-rvis pluriuus, 


ii. i. Att. ii. Hi. 


2. viii. 2. 8. 


form, aftei the exten- 


Cic. O^c. I'J. q.iinde- 


11 Id. Kin. ii. lU. 


2 Ter. Heaut. v. 1. 


sion ot the Roman ter- 


cim liberi homiups, po- 


12 Id. i'hil. V 11. 


16. 


ritories, Ed. — Cic. 


pnlus est ; totidem ser- 


13 Fam vii. 5. 


3 in sorvitutem credi- 


C3X.%\. 


vi, fainilia ; totidem 


14 Ter. Eun. lii. 2. 23. 


toribus addicti, Quin. 


6 servi poena; fingeban- 


vincti, frgastulum, 


15 Lir ii. rtO. 


vi 3. 2d, V. 10. 60. 


tur. 


A,>nl Ai-ol. 


Ki Suet. Ana. ■iS. Id. 


^ fiui cons;im aiit mili- 


7 Hor. S,it. ii 6.63. 


9 Ci,-.. Co^^l. 23. riaut. 


2r.Taf. Ann, ii. :i5 . 


liain siiblerHigela.a. 


S Nep. Alt. 13. Cic 


Aninh. Piol 127. 

3 





30 



ROMAN ANTIQUITIHS. 



a genius for it, were sometimes instructed in literature and the 
liberal arts;^ some of these were sold at a great price '? hence 
arose a principal part of the immense wealth of Crassus.^ 

Slaves employed to accompany boys to and from school, Avere 
called p^DAGOGi ; and the part of the house where those young- 
slaves staid who were instructed in literature,* was called p^da- 

GOGIUM ^ 

Slaves were promoted according to their behaviour ; as, from 
being a drudge or mean slave in town,^ to be an overseer in the 
country.'' 

The country farms of the wealthy Romans in later times were 
cultivated chiefly by slaves.^ But there v» ere also free men who 
wrought for hire as among us.^ 

Among the Romans, masters had an absolute power over 
their slaves. They might scourge or put them to death at 
pleasure.^" This x-ight Avas exercised with so great cruelty, espe- 
cially in the corrupt ages of the republic, that laws >vere made 
at different times to restrain it. The lash Avas the common 
punishment ; but for certain crimes they used to be branded in 
the forehead, and sometimes were forced to carry a piece of 
wood round their necks wherever they went, which was called 
FURCA ; and whoever had been subjected to this punishment was 
ever afterwards called furcifer." A slave that had been often 
beaten, was called mastigia, or verbero.^^ A slave who had 
been bi'anded was called stigmatias, v. -icus^^ inscriptus^^ littra- 
tus}^ Slaves also by Avay of punishment were often shut up in 
a work-house, or bridewell,^^ where they were obliged to turn a 
^'' Persons employed to apprehend and 



1 artibus ingenuis, 11- 
beralibus, v. honestis, 
Cic. Hor. Ep. ii. 2. 
7 

2 Plin. vii. 39. s. 40. 
Sen. Ep.27 Suet. Jul. 
47. Cic. Ros^. Com. 
10. 

3 Slaves seem to have 
been, generally, let out 
under contracts be- 
tween their owner and 
employer; but they 
were sometimes allow- 
ed to find work for 
themselves, on condi- 
tion of their bringing 
in, all or part of their 
gains, to their master. 
The slave artisans of 
Crassus seem to have 
been managed in the 
former way, and this 
will more satisfactorily 
account for his wealth, 
than if we consider it 
to have arisen from 
ihf.W stle, as mentioned 
in the text, — his band 
of architPCts and ma- 
sons alone exceeded 



500 Examples of the 

latter mode may be 
found in the cooks in 
the Aulularia and 
Pspudolus of Plautus ; 
and those of the same 
class mentioned by 
Pliny, xviii. 1], If we 
estimate the price of 
labour by the pay of a 
foot soldier, we find 
that after the reign of 
Domitian it amounted 
to Ij denarius, or 9~d 
per day; of which six- 
pence miglit remain 
after stoppages — this, 
to the purchaser of a 
slave for L20, would 
yield a return of nearly 
50 per cent upon his 
capital ; and Cicero 
seems to say tha' a 
good workman might 
in his time get 12, as- 
ses, or 10i|d a-day, but 
not more. Persius in- 
timates that a siave 
whose daily hire a- 
mounted to no more 
than 3 asses, was ac- 



counted very worthless 
in his age. — See this 
subject treated more 
fully in Blair on Ro- 
man Slavery, p. 156, et 
seq.— Ed.— Plut. Cras. 

4 literae serviles, Sen. 
Ep. 83. 

5 Plin. Ep. vii.27. 

6 mediastinus. 

7 villicus, Hor. Ep. i. 
14. 

8 Plin. xviii. 3. 

9 mercenarii, Cic Off. 
i. 13. Csec.59. 

10 Juv. Sat. vi. 219, 

11 Stocks, of various 
kinds, and known by 
different names, were 
much used in punish- 
ing slaves. One sort, 
called numella, must 
have been very severe, 
if it resembled an in- 
strument of the same 
name, used for fasten- 
ing refractory cattle. 
Of a similar descrip- 
tion with slocks, vi'as 
tlie block of wood (co- 
di-jc), to whicli ofl'en- 



ders were chained by 
the leg ; and which 
could sometimes be 
dragged after them, 
but was generally im- 
movable, Blair, p. lOS. 
—Ed. 

12 Ter. Adel. v. 2. 6. 
Phorm. iv. 4. 3. 

13 i. e. notiscompunc- 
tus, Cic Off. ii. 7. 

14 Mart. viii. 75. 9. 

15 Plaut. Cas. ii. 6. 49. 
i. e. Uteris inscriptus : 
as, urnaliterata, Plaut. 
Rud. ii. 5. 21. ensicu- 
lus lileratus, &c. Id. 
iv. 4. H2. 

lU in ergastulo, v. pis- 
trino. 

17 While thus employ- 
ed they were generally 
chained, and had a 
wooden collar or board 
{pnusicupf)^ round 

their necks to prevent 
their eating the grai:i. 
—En. Plaut. Pt Ter. 
passim, Sen. Ben. iv. 



SLAVKS. • 31 

bring back ^ slaves wlio fled from their masters (fugitivi,)^ 
were called fugitivarii.^ 

When slaves were beaten, they used to be suspended with a 
weight tied to their feet, that they might not move them.* To 
deter slaves from offending, a thong ^ or a lash made of leather 
Avas commonly hung on the staircase ; ^ but this was chiefly ap- 
plied to younger slaves.'^ 

Slaves when punished capitally were commonly crucified,^ 
but this punishment was prohibited under Constantine.^ If a 
master of a family was slain at his own house, and the murder 
not discovered, all his domestic slaves were liable to be put to 
death. Hence we find no less than 400 in one family punished 
on this account.^" 

Slaves Avere not esteemed as persons, but as things, and miglit 
be transferred from one owner to another, like any other effects. 
Slaves could not appear as witnesses in a court of justice,^^ nor 
make a will, nor inherit any thing ;^^ but gentle masters allowed 
them to make a kind of will ;^^ nor could slaves serve as soldiers, 
unless first made free,^* except in the time of Rannibal, when, 
after the battle of Cannce, 8000 slaves were armed without being 
freed.^^ These were called volones, because they enlisted vo- 
luntarily ; and afterwards obtained their freedom for their bra- 
very.16 

Slaves had a certain allowance granted them for their suste- 
nance,^^ commonly four or five pecks ^^ of grain a month, and 
five denarii, which was called their menstruum.^^ They like- 
wise had a daily allowance ;^" and Avhat they spared of this, or 
procured by any other means with their master's consent, was 
called their peculium. This money, with their master's per- 
mission, they laid out at interest, or purchased with it a slave 
for themselves, from whose labours they might make profit. 
Such a slave was called servi vicarius,"^ and constituted part of 
the peculium, with which also slaves sometimes purchased their 
freedom. Cicero says, that sober and industrious slaves, at 
least such as became slaves from being captives in war, seldom 
remained in servitude above six years.-' At certain times slaves 

1 r«traliere, Ter. Hea. Mil. 15. Phil, il 9. we refer to Blair's ex- 13 quasi testaiuenta f;i. 
iv. 2. 65 8 Juv. vi. 219 Cic cellent work on Ro- cere, Pliii. Kp. viii. 16. 

2 Cic. B'i'm. V. 9. Verr. v. 3. 61, &c. man slavery, from 14 Id. x.39. Serv. Virg. 

3 Flor- iii. 19. 9 Late in the empire, wliich most of our iEn, ix. 547. 

4 Plijut. Asin. ii. 2. burning alive was em- notes on this subject ]j Xiiv. xxii. 57. _ 
"i, &e. Aul. iv. 4. 16. ployed, amongst other have been drawn'; the 16 Fest. Liv. xxiv. 16. 



Xer- Phorin. i. 4. barbarous means of inquisitive reader will 1/ dii 

43. satisfying the crimi- there find that little 18 modii. 

5 habena. nal code. — Blair, p. new either in the in- 19 Donat. Ter. Phorn:, 

6 in scalis, Hor. Ep. 60, and note 19. — For slrument or method of i. 1. 9. Sen. Ep. SO. 

ii. 2. 15. a full detail of the va- torture 1ms been in- 2(1 diarium, Hor. Ep. i. 

7 Schol. ibid, impu- rious modes of pun- vented by the mo- 14. 10. 

beres habena vel feru- ishing slaves, and in- derns, — Ed. 21 Hor. Snt. ii. 7. 79. 

la plectebantur, Ulp. struments of torture 10 Tac Ann. xiv 43 Cic. Ver. i. oli. I'lmit. 

1). i. 33. de SC. Silan. used for e.\tracling 11 Tor. Phorni. ii. 02. Asin. ii. 4. 27. iMaiU 

Some here join in .<;c;<. evidence from thorn, 12 I'lin. Ep. viii. 16. iv. ii- 18. 7. 

lie «ilh latiiit, ns 'Jlc. among the noinans, 11, 2J: Phil. viii. 11. 



Cia ROMAN ANTiQUITIES. 

were obliged to make presents to tiieir masters out of iheii- poor 
savings.^ Tlieve was sometimes an agreement betvveeii the 
master &vA the slave, that Avhen the slave should pay a certain 
um, the master should be obliged to give him his liberty." 

Although the state of slaves in point of right was the same, 
yet their condition in families was very dilierent, according to 
the pleasure of their masters and their diiferent employments. 
Some were treated with indulgence ; some served in chains, as 
janitors and door-keepers f others were confined in work- 
houses below ground.'^ 

At certain times slaves were allowed the greatest freedom ; 
as at the feast of Saturn, in the month of December,^ when they 
were served at table by their masters,'' and on the Ides of Au- 
gustJ 

The number of slaves in Rome and through Italy was im- 
mense.^ Some rich individuals are s;iid to have had several 
thousands.^ Wars were sometimes excited by an insurrection 
of the slaves.^" 

There were also public slaves, who were used for various pub- 
lic services," and especially to attend on the magistrates. Their 
condition was much more tolerable than that of private slaves. 
They had yearly allowances'"^ granted them by the public. ''' 

There were also persons attached to the soil ;'^ concerning tiic 
state of whom writers are not agreed.'^ 

Slaves anciently bore the prainomen of their master; thus, 
Marcipores, Lucipores, Fublipores.^'' Afteruards they got va- 
rious names, either from their country, or from other circum- 
stances ; as, Syrus, Davus, Geta, Parmeno, &<;. in comic writers; 
Tiro, Laurea, JDionysius, &c. in Cicero. But slaves are usually 



1 ex eo quod de di- 
inciist) suo Lui>,'i.:tiru 
cDMiparserint, Ter. 
ibid. 

a maut. Aul. V. 3, 
Casiii. ii. 5, 6. &c. 
Rud. W. 2. 2-. Tac. 
vi/. 12. 

3 osliarii ; aud so la 
tl.e country, calenali 
cultores, Flor. iii. 19. 
vi;iLti fossores, Luc. 
vii. 4C2. hi, sc. qui 
agrum colunt, vel co- 
loni, vol servi sunt so- 
luti aut vincti, Golum. 
i. 7._ See post, tit. 
Agriculture. 

4 in erg;istulis subter- 
raneis. So Pliii. vincti 
pedes, damnat,'2 ina- 
nus, inscriptique viil- 



tus, 



ereastulis ncssmiiua 
est, lb. c. 13. 

5 Hor. Sat. ii. 7. 4. 

6 Aus'iu. i'-er. Rom. 
ii. 15. 



7 Fcst. 

8 .Tuv. iii. 140. 

9 Scii.Traiiq. An. vili. 

10 Flor. iii. 19, 2il. 

11 Liv. i 7. 

12 annua 

13 Plin. Fp.x.SO. 40, 

14 adscriptitii vel glebx 
aHscripti. 

ID Previously to the 
arrival of the Lom- 
bards in Italy, we do 
not find more than 
three distinct aj-peila- 
tions for separate 
grades of the servile 
coiirlitioii. 1st, Snrvi, 
rt.anc'piii, or strvUia, 
slf.ves. 2d, Adscripli- 
tii, or iidscripti gleta:, 
bondsmen fixed to the 
soil. 3d, Culoui, hus- 
baiidiiien, or inquitini, 
tenants, (called so:ne. 
times orig.wrii, or on'. 
Ifinaks, originals, 

when born in that 
class). The first only 
were slaves, properly 



so called ; the second 
were of nearly tlie 
same civil rank ; but, 
with regard to them, 
the powers of the 
master were curtail- 
ed; and they stood, 
tlierefore, in a situa- 
tion preferable to that 
of other bondsmen ; 
the last weie free in 
state, but were, to a 
certain extent, sub- 
jected to the owner of 
the land on which 
tht-y were bound to 
dwell; and they were, 
consequently, in a 
kind of liberty inf.'rinr 
to that enjoyed by 
olher freemen. T!ic. o 
were, also, two des- 
criptions of temporary 
bondage : the one w;ic 
that of slaves who 
were abnut to pass in- 
to freedon-. ; ami the 
other was that of fiec- 
men who were oblig- 



ed, for a lime, to serve 
a part cular indivi- 
da 1. I'-rsMus in the 
state ca' the former 
were called itululiheri^ 
or free in rank ; those 
in the situation of the 
latter were termed 
7ii:xi, or bound ; under 
this denomination 

canio debtors while in 
the hands of their cro- 
dilors, before being 
adindgcd to tlietn, or 
sold: and also citizen- 
cajjtives, who, being 
ransomed from the en- 
emy, could not repay 
the price of their re- 
demption, and were 
compelled to work it 
out h\' acting-, lor a 
f-iiic, as seivants to 
«!uii- purchas'';s. 

Blair, p. f,(), 51,— Kf. 
Itj quasi Marci, Lucii, 
Puhlii pi-ri,&C, g-iiu. 
i. ). \i^. 



SLAVES. 33 

distinguished in the classics by their different employments ; as, 
Medici, Chirurgi, Pasdagogi, Grammatici, Scribae, Fabri, Coqiii, 
&c. 

iSlaves were anciently freed by three ways, censu^ vindicta, et 
testamento?- 

1. Per CENsuM, when a slave, with his master's knowledge, 
or by his order, got his name inserted in the censor's rolL^ 

2. Per viNDiCTAM, when a master, going with his slave in his 
hand to the praetor or consul, and in the provinces, to the pro- 
consul or proprastor, said, " I desire that this man be free ac- 
cording to the custom of the Romans ;''^ and the prastor, if he 
approved, putting a rod on the head of the slave,* pronounced, 
'•' 1 say that this man is free after the manner of the Romans." 
Whereupon the lictor or the master turning him round in a 
circle, (which was called vertigo,)^ and giving him a blow on 
the cheek,*" let him go,^ signifying that leave was granted him 
to go where he pleased. The rod with which the slave was 
struck, was called vindicta, as some think, from Vindicius or 
Vindex, a slave of the Vitellii, who informed the senate concern- 
ing the conspiracy of the sons of Brutus and others, to restore 
the Tarquins, and who is said to have been first freed in this 
manner.^ 

3. Per testamentum, when a master gives his slaves their 
liberty by his Avill. If this was done in express ^vords,^ as, for 
example, davus servus :meus liber esto, such freedaien were 
called oRCiNi or Charonit<B, because they had no palron but in 
the infernal regions. In allusion to which, those unwortliy per- 
sons who got admission into the senate after the death of (Jjesar, 
were by the vulgar called senatores orcini.^" But if the testator 
signified his desire by way of request, thus,^^ rogo heredem 
MEUM, UT davum manumittat ; the heir^- retained the rights of 
pah'onage.^'^ 

Liberty procured in any of these methods was called justa li- 

BERTAS. 

In latter times slaves used to be freed by various other me- 
thods : by letter ;^* among fiiends,^^ if before five witnesses a 
master ordered his slave to be free : or by table,^*" if a master bid 



r Cic. Top. 2. spu 10. 
i Cic. Csec. 31. s. 99- 
S hunc hominem libe- 

rum esse voir morevel 

jure QuiritiiJiii. 

4 Hor. Sat. ii. 7. 76. 

5 Pcis. Sat. V. 75. 

C alapa, Isid, ix. 4. 
ivhence, miilto majorls 
alapae mecum veneunt, 
liberty is sold, &c. 
Phffidr. ii.5. '22. 

7 e manu cniittebat. 

8 Liv. ii. 5. whence 
also periiaps vindicare 
i.i libertiittin, to tree : 



niuHer, modo quam 
vindicta redeniit, a 
woman lately freed, 
Ov. A. iii. 615. 

9 verbis directis. 

10 Suet. Aug. 35. _ 

11 verbis precativis. 

12 haeres liduciarlus. 

13 A master might, Iby 
testament, leave free- 
dom to his slave, in 
any one of three ways : 
directly, Isl, by order- 
ing that he should be 
free; or, 2ndly, by 
commanding the heir 



to manumit hira ; or 
indirectly, Sdly, by A'- 
diiajinmtss. or simple 
request, addressed to 
the heir, that he would 
emancipate the slave. 
The two first modes 
■were always indefea- 
sible by the heir; the 
last, it was for some 
time thought optional 
to him to fullilor not; 
but bequests of this 
niiture were put on a 
level with direct lega- 
cies, before ihe time of 



the younger Pliny. A 
slave, without being 
made free in express 
terms, got liberty and 
citizenship, if he, by 
order of either the 
testator or the heir 
attended his master's 
funeral, wearing the 
pileus, or fanned his 
corpse on the bier,— - 

Blair, p. 165 Ed. 

U per epistolam. 

15 inter amicos. 

16 per mensam. 



3i 



KOMAN ANTIQUITIES. 



a slave eiit at his table ;^ for it was thought disgrac.efiil to eat 
with slaves or mean persons, and benches- were assigned the^ii, 
not couches. Hence imi subsellii vir^ a person of the lowest 
rank.^ There were many other methods of freeing slaves, but 
these did not confer complete freedom.* They only discharged 
them from servitude, but did not entitle them to the privileges 
of citizens ; unless afterwards the vindicta was superadded, in 
presence of a magistrate.^ 

Anciently the condition of all freed slaves was the same : 
they obtained the freedom of the city with their liberty, accord- 
ing to the institution of Servius Tullius." They were, however, 
distributed among the four city tribes as being more ignoble.' 
But afterwards, when many worthless and profligate persons, be- 
ing freed by their masters, thus invaded the rights of citizens, 
various lavi s were made to check the license of manumitting 
slaves. No master was allowed to free, by his Avill, above a 
certain number, in proportion to the number he had; but not 
above 100, if he had even 20,000, which number, some indi- 
viduals are said to have possessed.^ Hence Seneca speaks of 
vasta spatia terrarum per vinctos colenda ; et familia belUcosis 
nationibus major, ^ and Fliny, of legions of slaves, so that the 
master needed a person to tell him their names.^" Augustus 
ordained by a law called JElla Sentia, that no slave who had 
ever for the sake of a crime been bound, publicly whipt, tor- 
tured, or branded in the face, althou;:;h freed by his master, 
should obtain the freedom of the city, but should always remain 
in the state of the dedititii, who were indeed free, but could not 
aspire to the advantages of Roman citizens.^^ The reason of 
this law may be gathered from Diony. iv. 24. 

Afterwards by the law called Junia Norbana, because it was 



] Plin. Kp. vii. 16. 

a si.bsellia. 

3 I'laiit. S.tii:h. iii. -1.3-2. 

I By the master de- 
signedly calling the 
slave his son; this, it 
was sometimes ar- 
f^ued, evinoed tlie miis- 
ler's intention to adopt 
tiie slave, alter such a 
step became practica- 
ble ; but was more pro- 
perly interpreted, to 
mean nothinf; further 
than a wish to eman- 
cipate; — actual adop- 
tion of one's slave, 
too, made him a free- 
man. A master, ojieii- 
ly destroying, or sur- 
rendering to a slave, 
tiie litie-deed by which 
the latter was held in 
property, annulled his 
own right, and set the 
other free. Leave 
n'lvsn to a slave to 



subscribe his name as 
witness to any solemn 
deed of his master, 
had the effect of eman^ 
cipdtion. Attiring a 
slave in the peculiar 
insignia of a freeman, 
so as to evade a tax, 
put an end to his ser- 
vitude, 'the nomina- 
tion of a slave as one's 
heir, or as tutor to 
one's children, though 
without a separate be- 
quest of freedom, was 
sufficient to inter his 
release from bondage. 
On the death ot a mas- 
ter who had maintain- 
ed his slave. girl as a 
concf.bme, she and her 
children got free, by 
law, in spile of any 
thing to the contrary, 
contained in ihe will 
of the de':easod. A 
female slave, marrying 



a free person, with 
consent other master, 
who gave her a dow- 
ry, was forthwith 
deemed a freedwoman. 
The slave who disco- 
vered the murderer of 
his master was de- 
clared free by the pras- 
tor, and was subject to 
no patron. Becoming 
a cuhicuLirius, or do- 
mestic of the empe- 
ror's bed-chamber, if 
with his master's con- 
sent, gave freedom to 
a slave. If we may 
admit the authority of 
Rnfus's Military Code, 
a sl.ive, taken by the 
enemy, and roiuiuiiiL; 
severely woi.a.lcHl, v,as 
to be inbta.itly declar- 
ed free; and, if he 
boi(> no scars, was to 
hs given back to his 
lormer owner for five 



years, upon the expi- 
ration of which, lii 
was to obtain liberty. 
Slaves entering the 
Christian church with 
th;^ir masters' appro- 
bation enjoyed tlie be- 
neiits of Iraedoni so 
long as they remained 
in the sacred profes- 
sion ; and those en- 
listing themselves in 
the army, had a cor- 
responding ailvajitage, 

Blair, p. J 66— 168 

Ed. 

5 Plin. Ep. vii. 16. 3-2. 

ti Cic. B..lb. 'J. JDiony, 



8 Ati.fM. 

9 U^'ii.'vii 

1. s. 'fi. 
Arbilcr, . 
11 .-5UeU V> 



Deipnoiopl 



117. 

5. -iU. 



SLAVES. 3£ 

passed in the consulship of L. Junius Norbanus, A. U. 771, 
iiio/;e freed per epistolam^ inter amicos, or by the other less so- 
le^nn methods, did not obtain the rights of Eoman citizens, but 
of the Latins Avho were transplanted into colonies. Hence thev 
Avere called latini juniani, or simply latini.^ 

Slaves Avhen made free used to shave their heads in the tenj- 
ple of Feronia, and received a cap or hat, as a badge of liberty. - 
They also were presented with a white I'obe and a ring- by their 
master. They then assumed a prcenomen, and prerixed the 
name of their patron to their own. Thus, Marcus Tullius Tiro, 
the freedman of Cicero. In allusion to which, Persius says, 
vej'terit hunc donmius ; momento turbinis exit marcus Dama? 
Hence, tanquam habeas tria nomina, for tanquam liber sis.^ So 
foreig-ners, when admitted into the freedom of the city, assume<l 
the name of that person by whose favour they obtained it.^ 

Patrons retained various rights over their freedmen. If the 
patron was reduced to poverty, the freedman was bound, in the 
same manner as a son, to support him, according to his abilities. 
And if a patron failed to support his freedman when pooi', he 
was deprived of the rights of patronage. 

If a freedman died intestate, ^vithout heirs, the patron suc- 
ceeded to his efifects. 

Those freedmen who proved ungrateful to their patrons were 
condemned to the mines;'' and the emperor Claudius, by a law, 
reduced them to their former slavery/' 



I.— RUSTIC SLAVES. 

Viliicus, steward, overseer, or 
bailitt. 

Villica, wife of do. 

Siibvillicus, under steward. &c. 

Agricola, cultivator or agricul- 
tural labourer. 

Fossor, digger. 

Sarritor vel Sartor, hoer or 
tiarrower. 

Occatoi, ditto, ditto, or ciod- 
breaker. 

Runcator, weeder 

Arator, ploughman or lillor. 

Ju!;arius, ditto, or oi-driver. 

JVlessor, reaper. 

Molitor, miller or grinder. 

Viuilor, vine-dresser. 

Vindemiator vel Vindemitor, 
vintager. 

Olivitor, dresser of olive trees. 

Capulator, spoon or ladle- man, 
(for oil). 



OCCUPATIONS OF SLAVES." 

Putator. pruner. 

Krondator, leaf-stripppr. 

Foenisector vel Fceniseca, 
mower or hay-cutter. 

Servus ab hortorum cullura, 
gardener. 

HortulaJius, ditto. 

Olitor, herb-man or kitchen- 
gardener. 

Topiarius, hedge and tree clip- 



per. 

Viridiarlus, lawn (or greon 
walk) keeper. 

Saltuavius, forester, rather 
park-keeper or ranger. 

Salictarius, keeper of osier- 
grounds. 

Luparius, wolf-killer. 

Pastor, herdsman of any de- 
scription. 

Ovilio vel Opilio, shepherd. 

Virvicarius, wether-herd. 

Tonsor oviuni, sheepsiiearer. 

Caprarius, goat-herd. 



Pecori praefectus vel Pocorls 

magister, chief herd^mnn. 
Gustos arraenti vel Pastor ar- 

mentorum, neat-herd. 
Superjuiiientarius, keeper cif 

working caitle. 
Bi buicus vel Bubsequa, ox-dri 

vcr or herdsman. 
Porculator vel Porcarine 

swir.e-herd. 
.Subiikus, herd for young pigs. 
Gregarlus, horse-herd. 

JI.-RUSTIC, OR URBAN- 
SLAVES, 
(According to Circumstances j 

Venator, hunter. 

Vestigator, game finder o« 

tracker, soinetii-.ies of bees. 
Iiidagator, ditto, or toil setter, 

sunietinics of bees. 
Alutor, game-driver or chaser. 
Auceps, fowler. 



1 Plln. Ep. X. 1P5, 

2 Sorv. \ irg. .^n. vlii. 
564. Liv. xlv.4-J. hence 
ad plleum servum vo- 
csre, for ad libertatem, 
liiv. ibid. 

3 Suppose his master 
vhirl him round ; in 
li:c muii.-':;t of '.. Is be- 



ing whirled round {lit. 
in one turn of a top), 
he issues forth Marcus 
Dania— Sat. v. 77. 

4 J uv. V. 120. 

5 Cic. Kara, xiii.35,36. 
(J ad lautumias. 

7 ill s,-rvituitvii rsvoca- 
vil, Suet, C'-iS' i. -^J. 



libertum, qui probstus 
fuerit patrono dela- 
tores summisisse, qui 
de statu ejus facerent 
ei qiiaestionem, servum 
patroni esse jussit. L. 
5. Dig. di- jure Patron. 
8 the tollowing catn- 
loj-'.e of sJiYtsa (l;.iiA> 



ed according; to thei.- 
occu|)ations, is extract- 
ed tiom Blair's valu. 
able work on the 
"State of Slavery 
amongst tlie Romans," 
Edin. lt)o3.— ED. 



3G 



ROMAN ANTIQUITIES. 



RIGHTS OF ROMAN CITIZENS, 

AND OF THE DIFFERENT INHABITANTS OF THE ROMAN EMPIRE. 

While Rome was but small and thinly inhabited, Avhoever fixed 
their abode in the city or Roman territory, obtained the rights 
of citizens. 



Piscator vel Piscatui praeposi- 
tus, fisherman, chief ditto. 

Agitator, driver, of various de- 
scriptions. 

Epistates, superintendant. 

Ergastulus vel Ergastularius, 
worlv-house master. 

Exactor operum, taskmaster. 

Monitor, ditto. 

Lorarius, scourger. 

Servus fornacarius, furnace, 
oven, or kiln man. 

Gallinarius, lien or poultry 
keeper. 

Aviarius, aviary keeper. 

Curator vel Pastor anserum, tur- 
dorum, &c. keeper or feeder 
of geese, thruslies, &c. 

Altiliarius vel Fartor, bird fat- 
tener or crammer. 

Alansnetarius vel D imitor, tam- 
er or breaker of wild animals. 

Ursavius, bearward. 

Asinarius, ass keeper or driver. 

JVlulio, muleteer. 

Carrucaxius, wain-driver. 

liasternarius, driver of baster- 
na, (a sort of car.) 

Cisiarius, ditto of cisium, (a 
sort of gig.) 

Junctor, yoker or groom. 

Equisio vel Equitius, Equorxim 
magister vel custos, Agaso 
vel Strator, horse keeper or 
groom. 

Serviis a cura canis, dog or ken- 
nel keeper. 

Aqaarius, ^v^lle^ manager. 

Minister 'fbntanus, fountain man. 

Servus qui curabat sterquilinia 
et latrinas, scavenger or ma- 
nure collector. 

III.-URBAN SLAVES. 
1 — HOUSEHOLD SLAVES. 

Coquus, cook. 
Arcliimagirus, chief ditto. 
Pulmenlarius, pottage-maker. 
.Salnientarius, pickler. 
Oflarius, pastry cook. 
Dulciarins, cniifictioner. 
Lactarius, milk-dresser or dai- 



Placentarius, cake-b 'ker. 
Pistor vel Pinsor, baker. 
Panicoctarja, female ditto. 
Focarius, fire boy. 
Focaria, fire girl. 
Ccllarius, pantry-keeper, 
i'oenuiarius, store-keeper. 
Poenuiaria, female ditto. 
Condus, store-keeper or butler. 
Promus, butler or server of 

pantry and cellar. 
Procurator, caterer. 



Mensas prsepositus, table stew- 
ard. 

Obsonator, orderer of bill of fare. 

Servus tricliniaris vel Servus 
tricliniarius, banqueting-room 
slaves. 

Tricliniarcha vel, Architricli- 
nius, chief of ditto. 

Lectisterniator, couch-spreader. 

Mensae detersor, table-wiper. 

Structor, arranger of dishes or 
ornamental confectioner. 

Calator vel invitator, inviter. 

Vocator, ditto, or summoner, or 
announcer. 

Infertor, server. 

Gustator vel Prxgustator, taster. 

Scissor, vel Carptor, vel Cheiro- 
nomontar, carver. 

Diribitor, distributor. 

Ministrator, server or waiter. 

Minister, ditto, (or servant ge- 
nerally.) 

Pocillator, cup-bearer. 

Serva ad cyailios, female ditto. 

Diaelarius vel Zaetarius, atten- 
dant at meals. 

Custos, watchman. 

Ostiarius vel Janitor, porter or 
door-keeper. 

Ostiaria vel Janitrix, female do. 

Velarius, curtain or hanging- 
keeper. 

Atriensis vel Atrarius, hall- 
keeper, or hall slave generally. 

.ffidituus, bouse.cleaner. 

Scoparius, sweeper. 

Mediastinus, ditto, or drudge 
generally. 

Supellecticarius vei Servus a 
supellectili, furniture-keeper. 

Coriiitliiarius vel Servus a Co- 
rinthis, keeper of brazen va- 

Argento pr£epositus, silver-plate 

keeper. 
Auro propositus, gold - plate 

keeper. 

2 PERSONAL ATTENDANTS. 

Cubicularius, bedchamber slave, 
valet de chambre- 

Silentiarius, sileixe-keeper or 
husher. 

Serv. ad somnum, sleep- watcher 

Ouietis minister, ditto. 

Balneator, bath-keeper or man- 
ager. 

Fornacator, bath-furnace heater. 

Unguentarius, ointment-maker 
or keeper. 

Unctor, anointer. 

Unctrix, female ditto. 

Alipilus vel Alipilarius, hair 
extractor. 

Tousor, iwrber. 



Tonstrix, female ditto. 
Ornator, adorner or hairrdresser, 
Ornatrix, female ditto. 
Ornatrix a tutulo, female hair- 
dresser in the tutulus fashion. 
Ornatrix auriculae vel ab auri- 
cula, ear-ring woman. 
Cinerarius, hair-curler. 
Ciniflo, ditto, or powderer. 
Cosraeta, toilet slave, either 

male or female. 
Vestitnr, dresser. 
Servus a vests vel Vesti;uius, 

wardrob-?-keeper. 
Vestiaria, female ditto. 
Vestiplica, female dress-folder. 
Vestispicus, dress inspector or 

keeper. 
Vestispica, female ditto. 
Capsarms, press or chest keeper. 
Puer a matella, pot de chanibre 

boy. 
Servus qui nunciabat horas, 

hour-caller. 
Monitor, remembrancer. 
Fartor, ditti>, or prompter. 
Nomenclator, namer. 
Assecla, follower or attendant. 
Circumpcs vel Pedissiquus, 
Puer a pedibus vel ad pedes, 
foot-boy or attendant. 
Pedissequa, female attendant. 
Anteanibulo, harbinger or run- 
ning footman. 
Anteambulatrix, female harbinger 
Accersitur, announcer of his 

master. 
Adversitor, attendant abroad. 
Machajrophorus, swoid-bearer 

or chasseur. 
Lampadophorus, lamp o»- lan- 
tern-bearer. 
Tiediijer, torch-bearer. 
l-.or,ticarius, litttr-bearer. 
Calliedrarius vel Cathedrali- 
cius, cathedra or chair-bearer. 
Portitor selhe vel Gestator, 

chairman or sedan-bearer. 
Cursor, runner. 
Viator, ditto, or messenger. 
Tabellio vel Tabdlarius, letter- 
carrier. 
Salutiger vel Salutigerulus, 
message or compliments- 
bearer. 
Servus qui muscas fugaret, fly- 

flapper. 
Flabellifer, fan-bearer. 
Flabelllfera, female ditto. 
Umbrellifer, umbrella or para- 
sol-bearer. 
Umbrellifera, female ditto. 
Sandaliger vel Sandaligerulus 

sandal-bearer. 
Sandaligerula vel Ancilla a s;u»- 

dalio, female di'to. 
Aiialecta, picker up. 



RIGHTS OF CITIZE>^S. 



37 



To increase the number of citizens, Eomulus opened an 
asylum or sanctuary for fugitive slaves, insolvent debtors, and 
malefactors, whither great numbers flocked from the neighbour- 
ing- states, because no one could be taken from thence to pun- 
ishment. Even vanquished enemies were transplanted to Rome, 
and became citizens. In this manner the freedom of the city 
was granted by Romulus to the Coeninenses, Camerini, Anteia- 



3 UPPER SERVANTS. 

Actor, manager or "homme d'- 
affaires '' generally. 

Adjutor, assistant to actor. 

Columella vel Major domus, 
house-steward. 

Tabularius vel Calculator vel 
Numerarius, accountant. 

Rariociaator, ditto, or rather au- 
ditor. 

Dispensator vel Prorogator vel 
Arcarius, keeper of household 
purse and stores. 

Tesserarius, score or tally mas- 
ter, or token or check taker. 

Procurator, purveyor or super- 
intendant. 

Servus valetudinarius vel ab ae- 
gris, hospital attendant. 

4.-NURSERV SL.WES, AND 
ATTENDANTS OF YOU'lU. 

Nutritor vel Nutricius, male- 
nurse. 

Nutrix, nurse, 

Bajulus vel Gerulus, bearer or 
carrier. 

Gerula, female ditto or nursery- 
maid. 

Cunarius, rocker or cradle boy. 

Cunaria, female rocker or cra- 
dle girl. 

Kducator, nursery tutor. 

Hra;ceptor vel Magister, teacher. 

Piedagogus, ditto originally at- 
tendant on young persons 
going to school. 

Ciipsarius, satchel carrier. 

5,— SLAVES OF LUXURY. 

A ATTJiCHED TO HOUSEHOLD. 

Literary Slaves. 
Servus a bibliothccis vel a bibli- 

otheca, librarian. 
Lector, reader. 
1/ectrix, female ditto. 
Anagnostes, reader or man of 

learning in various blanches. 
Rccitator, reader aloud or reciter 
Homerista, reciter of Homer's 

works, 
Aret^logus vel Fsbulator, story 

teller. 
Actuarius, journal-keeper. 
Amanuensis vel Servus a manu, 

secretary, clerk, or amanuen- 



Monsters and Buffoons. 
Morio, fool or idiot. 
Katuus, idiot. 
Fatua, feni/ile ditto. 
Nanus vel Pumilio, dwatf. 



Nana, female ditto. 
Hetmaphroditus, hermaphiodite . 
Pliagus vel P.ilyphagus, glutton. 
Spado vel Eunuchus, eunuch. 
Scurra, buffoon. 

Ludio, ditto, masker or mummer. 
Deliciae vel Delicia, darlmg, 
smart prattling boy. 

Artisans. 

Lanipendia, female woo! weigh- 
er. 

Lania, female wool dresser. 

Lanilica, female do. or spinner, 

QuasiUaria, female spinner, 

Textor, weaver. 

Textrix, female ditto. 

Linteo, linen weaver or bleacher 

Fullo, fuller. 

Phrygio, embroiderer. 

Sutor, shoemaker or sewer ge- 
nerally. 

Cerdo, cobbler. 

Vestificus, dressmaker. 

Vestifica, female ditto. 

Sartor, failor. 

Sartrix, female ditto- 

Sarcinator, mender or patcher. 

Sarcinatrix, female ditto. 

Ferrarius, smith. 

Tignarius, carpenter. 

Faber carpentarius, cartwright. 

Doliarius vel Servus doliaris, 
cooper. 

Gerulus. porter or carrier. 

Aquarius vel Aquariolus vel 
Boccario, water carrier. 

PoUinctor, anointer of the dead. 

Succolator vel Vespillovel Lec- 
ticarius, bearer of the bier. 

Ustor, burner of the dead. 

B.— FBEQUENTLY LNATTACIIED 
TO HOUSEHOLD. 

Scientific Slaves and Artists. 

Medicus, physician or medical 
man generally. 

Medica, female physician or me- 
dical attendant. 

Obsteti ix vel Opstetrix, midwife. 

Clinicus, physiciau or clinical 
surgeon. 

Chirurgus, surgeon. 

Ocularius vel ab oculis, oculist. 

latraliptes, healer by ointment 
and friction. 

Aliptes vel Alipta, rubber with 
ointment. 

Tractatnr, shampooer. ? 

Tractatrix, female ditto. 

Jilagicus puer, magician or di- 
viner. 

Grammaticus, grammarian. 

Litteratus vel Jjitterator, ditto. 

Antiquaj-ius, antiquary. 

No'arius, short-hand wrilsr. 



Notaria, female ditto. 

Scriptor vel Scriba, writer, clerk, 
or penman. 

Librarius, book writer or tran- 
scriber. 

Libraria, female ditto. 

Glutinator, gluer or paster of 
papyrus, &c. 

Pumicator, polisher with pumice 
stone. 

Malieator, hammerer or beater. 

Ornator, ornamenter, 

Miniculator vel Illuminator, illu- 
minator. 

Pictor, painter. 

Caelator, engraver or embosser. 

Argentarius, silversmith. 

Vasentarius, vessel maker. 

Faber a Corinthis, worker ir 
brass. 

Figulus, potter or tile burner 

Architectus, architect. 

Structor, builder. 

Histrio, player. 

Comoedus, ditto, or comedian, 

Mimus, mime. 

Mima, female ditto. 

Pantomimus, pantomime. 

Pantomiraa, female dittu. 

tiymphoniacus, singer. 

Acroama, ditto 

Choraules, ditto. 

Cithariedus vel Fidicen, harper 
or singer to the harp. 

Citharaeda vel Fidicina, Citha- 
ristria vel Psaltria, female do. 

Tibicen, piper. 

'J'ibicena, female ditto. 

Fistulator, flute player. 

Hydraiiles vel Organarius, wa- 
ter-organ player or director. 

Sambucina vel Sambucistria, fe- 
male dulcimer or sackbut 
player. 

Tyin|ianistria, female drummer 
01 tambourine player. 

Crotalistria vel Copa, female 
cymbal player and dancer. 

Saltator, dancer. 

Siiltatrix, lemale ditto, 

Funanibuius vel Funirepus vel 
Schoenobates, rope-dancer, 

Pahestrittt, wrestler. 

Gladiator, gladiator. 

Arenarius, ditto. 

Auriga, charioteer in the circus. 

Rhedarius, ditto. 

6 MILITARY ATXENUANTS. 

Armiger, armour-bearer. 
Galearius, helmet-ditto. 
Clavator, club- ditto. 
Calo, soldier's boy, or drudge. 
Cacuh, ditto. 



38 ROMAN ANTIQUniES. 

nates, Crustumiiii, and at last also to the Sabines. This example 
was imitated by his successors, who transplanted the Albans and 
other vanquished tribes to Rome.^ Likewise after the expulsion 
of the kings, the freedom of the city was given to a great many, 
especially after the taking and burning of the city by the Gauls ; 
at which time, that it might be rebuilt with more splendour, new 
citizens were assumed from the Veientes, Capenates, and 
Falisci.^ 

Besides those who had settled in the Roman territory, and 
who Avere divided into city and country tribes, the freedom of 
the city was granted to several foreign towns, which were called 
MUNJCiPiA, and the inhabitants municipes, because they might en- 
joy offices at Rome.^ When any of these fixed their abode at 
Rome, they became gives ingenui.* Hence it happened that 
the same person might enjoy the highest honours both at Rome 
and in his own free town. Thus Milo, while he stood candidate 
for the consulship at Rome, was dictator in his own native city 
Lanuvium. The free town in which one was born was called 
patria germana, natures vel loci. Rome, {qua exceptusest,) pa- 
tria COMMUNIS, civitatis \eljuris.^ 

But when the Roman empire Avas more widely extended, and 
the dignity of a Roman citizen of course began to be more 
valued, the freedom of the city ^ was more sparingly conferred, 
and in different degrees, according to the different nierits of the 
allies towards the republic. To sonie the right of voting- ' Mas 
given, and to others not. The people of C^ere were the first who 
obtained the freedom of the city w ithout the right of voting, for 
having received the sacred things of the Roman people, the 
vestal virgins and priests, when they fled from the Gauls.^ The 
freedom of the city was soon after given in this manner to the 
people of Capua, Fundi, Formise, Cumas. and Sinuessa, to the 
inhabitants of Acerra,^ and of Anagnia, &c. 

The inhabitants of Lanuvium, Aricia, Nomentum, Pedum, 
and Privernum,^" received the freedom of the city Avith the right 
of voting.^^ But several cities of the Hernici preferred their 
OAvn laAVS.^^ In process of time, this right Avas granted to all 
the allies of the Latin name ; and after the Social or Italian 
Avar, it Avas communicated to all the Italians south of the river 
Rubicon on the upper sea, and of the city Luca on the lower 
sea. Afterwards the same right Avas granted to Cisalpine Gaul, 
Avhich hence beoan to be called Gallia Togata. Augustus Avas 
very sparing in conferring the freedom of the city ; but the suc- 
ceeding emperors weve more liberal, and at different times 
granted it to diiferent cities and nations. At last Caracalla 

5 Liv. i. 8. XXXV. 51. 3 munla v. munera ca- S Cic. Legp. ii. 2, 9 Liv. viii. 14. 17. 

Tac. Ann. iii. 60. hiv, pere ooterant. 6 jus civiutis. 10 Privornatos. 

i. 29. 33. 4 Cie. Brut. ?S. Lcgg. 7 jus sufVr;!s;ii. 11 I.iv. vi;;. 1 . 21. 

i Liv. vi. 4. ii. 2. Cic. Mil. 37. S --i. sioU. xvi. 13. 12 Liv. ix. 4o. 



RIGHTS OF CITIZENS. 39 

granted the freedom of Roman citizens to all tlie inhabitants of 
the Roman world. 

Those Avho did not enjoy the right of citizens were anciently 
called HOSTEs, and afterwards peregrin:.^ After Rome had 
extended her empire, first over Latium, then over Italy, and 
lastly over great part of the world, the rights which the subjects 
of that empire enjoyed came to be divided into four kinds ; 
which may be called jus Quiritium, jus Latii, jus Ttalicum, jus 
provinciarum vel provinciale. 

Jus QUIRITIUM comprehended all the rights of Roman citizens, 
which Avere different at different times. The rights of Roman 
citizens were either private or public : the former were properly 
called y?is Quiritium, and the latter ^w* civitatis,^ as with us there 
is a distinction between denization and naturalization. 

1. PRIVATE RIGHTS OP ROMAN CITIZENS. 

The private rights of Roman citizens were, 1. Jus lihertatis, the 
right of liberty ; 2. Jus gentilitatis et famili<B, the ri^lit of fa- 
mily ; 3. Jus commhii, the right of marriage ; 4. Jm patrium, 
the right of a father ; 5, Jus dominii legitimi, the riglit of legal 
property; 6. Jus testamenti et hcereditutis, the right of making 
a will, and of succeeding to an inheritance; 7. -his tatelae, the 
right of tutelage or wardship. 

1. the right of liberty. 

This comprehended liberty, not only from the power of 
masters,^ but also from the dominion of tyrants, the severity of 
magistrates, the cruelty of creditors, and the insolence of more 
powerful citizens. 

After the expulsion of Tarquin, a law was made by Brutus 
that no one should be king at Rome, and that whoever should 
form a design of making himself king, might be slain with im- 
punity. At the same time the people Avere bound by an oath, 
that they would never suffer a king to be created. 

Roman citizens were secured against the tyrannical treatment 
of magistrates, first, by the right of appealing from them to the 
people, and that the person who appealed should in no manner 
be punished, till the people determined the matter ; but chiefly, 
by the assistance of their tribunes. 

None but the whole Roman people in the Comitia Centuriata, 
could pass sentence on the life of a Roman citizen. No magis- 
trate was allowed to punish him by siripes or capitally. The, 
single expression, *'i am a roman citizen," (checked their sever- 
est decrees.^ 

1 Cir.Off. i. 12. 3 doniinnruni. djrilur, qui Ouiiitium Cir. Fam. x. 32. Liv. 

2 Plin. Kn. X. 1. 6, 22. -j Cic. Wrr. v. SI. 57. fidrm clam.uis iiniilo- xxix. 6. Ads xxii. 25. 
Cic.KulI.ii.lv. i<<(. htiice, OuiriUia rat. Varr. Lat. v. 7. 

d2 



40 ROMAN ANTIQUITIES. 

By tlie laws of the twelve tables it was ordaii.ed, that insol- 
vent debtors should be given up ^ to their creditors to be bound 
in fetters and cords,^ whence they were called nexi, OBiERATi, et 
ADDiCTi. And although they did not entirely lose the rights of 
freemen, yet they wei-e in actual slavery, and often treated more 
harshly than even slaves themselves."^ 

If any one Avas indebted to several persons, and could not 
find a cautioner* within sixty days, his body^ literally, accord- 
ing to some, but more probably, according to others, his effects, 
might be cut into pieces, and divided among his creditors." 
Thus sectio is put for the purchase of the whole booty of any 
place, or of the whole effe(;ts of a proscribed or condemned per- 
son,^ or for the booty or goods themselves,^ and sectores for the 
purchasers,^ because they made profit by selling them in parts.^" 

To check the cruelty of usurers a law was made, A. U. 429, 
whereby it was provided, that no debtors should be kept in irons 
or in bonds ; that the goods of the debtor, not his person, should 
be given up to his creditors.^^ 

But the people, not satisfied with this, as it did not free them 
from prison, often afterwards demanded an entire abolition of 
debts, which they used to call new tables. But this was never 
granted them. At one time, indeed, by a law passed by Vale- 
rius Flaccus, silver was paid with brass, as it is expressed ;^- 
that is, the fourth part of the debt only Mas paid,^' an as for a 
sestertius^ and a sestertius for a denarius ; or 25 for 100, and 
250 for 1000. Julius Cffisar, after his victory in the civil war, 
enacted something of the same kind.^* 

2. THE RIGHT OE FABIILY. 

Each gens and each frtmily had certain sacred rites peculiar 
to itself, which went by inheritance in the same manner as 
eflects.^^ When heirs by the father's side of the same family*** 
failed, those of the same gens " succeeded, in preference to re- 
lations by the mother's side ^^ of the same family.^-' No one could 
pass from a patrician family to a plebeian, or from a plebeian 
to a patrician, unless by that form of adoption, which could 
only be made at the Comitia Curiata. Thus Clodius, the 
enemy of Cicero, was adopted by a plebeian, that he might be 
created a tribune of the commons.^** 

3. THE RIGHT OF MARRIAGE. 

No Roman citizen was permitted to marry a slave, a barba- 

1 addicerentur. 8 Css. Bell. Gall, ii.33. bona eonim emebant, 15 Li v. i v. 2. 

2 compedibuset nervis. CIc. Inv. i. 45. Cii'. Rose. Am. 29. Iti agnati. 
3Liv. i!,23. 9 Ascon. Cic.Verr,i.23. 11 l/iv. viii. 28. 17 gentiles. 

4 vindexvel expromissor 10 a seco ; hence sec- 12 S: 11. Cat. 33. 18 counati. 

5 corpus. tores collorum et bo- 13 Veil. ii. 23. lit famiiia. 

6 secaii, A.Gell. XX. 1. noriim, i. e. qii! pro- 14 G*s. Bell. Civ. iii. 30 Cic. Doin. 15. A tt. i. 

7 Clc. Phil, ii, 36. scriptos occidebant, et 1. Suet. Jul. 14. 18,19. 



nan. 



lilGHTS OK ClTIZIiN'S. 41 

or a foreigner, unless by the permission oi the people. 
By the laws of the Decemviri, intermarriages between the pa- 
tricians and plebeians were pi-ohibited. But this restriction 
was soon abolished.'^ Afterwards, however, when a patrician 
lady married a plebeian, she ^vas said patribus enuhere, and was 
excluded from the sacred rites of patrician ladies.^ When any 
woman married out of her clan, it was called gentis enuptio'; 
YA\\ch likewise seems anciently to have been forbidden.* The 
different Icinds of marriage, &c. will be treated of afterwards. 

4. THE RIGHT OF A FATHER. 

A FATHER, among the Romans, had the power of life and 
death over his children. He could not only expose them Avhen 
infants, Avhich cruel custom prevailed at Rome for many ajves, 
as among- other nations,^ and a new-born infant Avas not held 
legitimate, unless the father, or in his absence some person for 
him, lifted it from the ground,^ and placed it on his bosom ; 
hence toller e filium, to educate; non tollere, to expose. But 
even when his children were grown up, he might imprison, 
scourge, send them bound to work in the country, and also put 
them to death by any punishment he pleased, if they deserved 
it.'' Hence a father is called a domestic judge, or magistrate, 
by Seneca; and a censor of his son, by ^^^u^tonius.^ Romulus, 
liowever, at first permitted this right only in certain cases.'-* 

A son could acquire no property but with his father's con- 
sent ; and what he did thus acquire was called his peculiuim, as 
of a slave.^" If he acquired it in war, it Avas called peculium 

CASTRENSE. 

The condition of a son Avas in some respects harder than that 
of a slave. A slave, Avhen sold once, became free ; but a son 
not, unless sold three times. The power of tlie father was sus- 
pended, Avhen the son was promoted to any public office, but 
not extinguished,^^ for it continued not only during tlie life of 
the children, but likeAvise extended to grandchildren and great 
grandchildren. None of them became their own masters ^^ till 
the death of their father and grandfather, A daughter by mar- 
riage passed from the poAN^r of her father under that of her 
husband. 

EMANCIPATION AND ADOPTION. 

When a father Avished to free his son from his authority,^^ i 

belioved him to bring him before the praetor, or some magis 

1 Lh'. xxxvili, 33. con- coiinubium, sed cont 

r.nbium est matrimo- boniium, Booth. Gi 
. nium inter civcs; inter Top. 4. 

servos uutem, aut inter 2 Liv. iv. 0. 

civem et peregrinaj 3 Liv. x. 23. 

ooudilionis homineni, 4 1/iv. xxxix. IP. 

aut servilcs, non rst 5 Gic. 1.. gg. iii. 6. Ter. y 

d3 



Heant.lv.]. Suet. (~cl. 


8 Cla.iH. )fi. 


tK<. Cali^j.ri. Tac. Hist. 


f) Dlnnv. 1:. 


iv.5. Sen. Ben. ili. ]o. 


I'l \j\\ . 11. t 


6 terra levasset. 


11 Liv. Hi. 


7 Sail. Cat. 39. J-iv. 11. 


12 sal irri,. 


41,vlli. 7. Dionv. viii. 


13 eniaaiia 



4>Z ROMAN ANTIQUITIES. 

trate,^ and there sell him three times, per ies et libram, as it 
^vas termed, to some friend, who ^vas called pater fiduciarius, 
because he was bound after the third sale to sell bim back ^ to 
the natural father. There were besides present, a libripens, 
who Iteld a brazen balance ; five vi^itnesses, Roman citizens, past 
the age of puberty ; and an antestatus, who is supposed to be 
so named, because he summoned the witnesses by touching the 
tip of their ears.^ In the presence of these, the natural father 
gave over * his son to the purchaser, adding these words, man- 
cupo tibi hung filium, qui meus est. Then the purchaser, hold- 
ing a brazen coin,^ said, hung ego hominem ex jure quiritium 

MEUM ESSE AIO, ISQUE MIHI EMPTUS EST HOC 7ERE, iENEAQUE LIBRA :'' 

and having struck the balance with the coin, gave it to the na- 
tural father by way of price. Then he manumitted the son in 
the usual form. But as by the principles of the Roman law, a 
son, after being manumitted once and again, fell back into tlie 
power of his father, this imaginary sale was thrice to be repeat- 
ed, either on the same day, and before the same witnesses, or 
on different days, and before different witnesses ; and then the 
purchaser, instead of manumitting him, which would have con- 
ferred a jus patroiiatus on himself, sold him back to the natural 
father, who immediately manumitted him by the same formali- 
ties as a slave.^ Thus the son became his own master.^ 

The custom of selling joer (BS vel assem et libram^ took its rise 
fi'om this, that the ancient Romans, Avhen they had no coined 
money,^ and afterwards when they used asses of a pound weight, 
weighed their money, and did not count it. 

In emancipating a daughter, or grand-children, the same for- 
malities were used, but only once ;^" they were not thrice re- 
peated as in emancipating a son. But these formalities, like 
others of the same kind, in process of time came to be thought 
troublesome. Athanasius, therefore, and Justinian, invented 
new modes of emancipation. Athanasius appointed, that it 
should be sufficient if a father showed to a judge the rescript 
of the emperor for emancipating his son ; and Justinian, that a 
father should go to any magistrate competent, and before him, 
Avith the consent of his son, signify that he freed his son from 
his power, by saying, hung sui juris esse patior, meaque manu 

MITTO. 

When a man had no children of his own, lest his sacred rites 
and names should be lost, he might assume others " as his chil- 
dren by adoption. 

If the person adopted was his own raaster,^^ it was called ab- 

1 apud quern legis ac- 5 sestertius. a pound of brass. 9 Liv. iv. 60. 

tio erat. 6 I declare this man to 7 libra et sere libera- 10 unica mancipatiu 

2 remancipare. be njine accoiding lo turn emittebat, Liv. vi. sufficiebat. 

3 Hor. Sat, i. 9.76. the custom of the Bo- 14. H extraneos. 

4 mancipabat, i. e. mans, and 1 purchase 8 sui juris faclus est, 12 sui juris, 
manu tradebat. him with this coin r-iid Liv. vii. 16. 



RIGHTS OF CITIZENS. 43 

ROGATio, because it was made at the Comitia Cuviata, by pro- 
posing a bill to the people.^ 

If he Avas the son of another, it was properly called adoptio, 
and was performed before the praetor or president of a province, 
or any other magistrate.^ The same formalities were used as 
in emancipation. It might be done in any place.^ The adop- 
ted passed into the family, the name, and sacred rites of the 
adopter, and also succeeded to his fortune, Cicero makes no 
distinction between these two forms of adoption, but calls both 
by the general name of adoptio. 

5. THE RIGHT OF PROPERTY. 

Things, with respect to property among the Romans, were 
variously divided. Some things were said to be of divine right, 
others of human right : the former were called sacred ; * as altars, 
temples, or any thing publicly consecrated to the gods by the 
authority of the pontiffs ; or religious ; ^ as sepulchres, &c. ; or 
inviolable ;° as the Avails and gates of a city.^ 

These things Avere subject to the Liav of the pontiffs, and the 
property of them could not be transferred. Temples Avere ren- 
dered sacred by inauguration, or dedication, that is, by being- 
consecrated by the augurs.^ Whatever Avas legally consecrated, 
Avas ever after inapplicable to profane uses.^ Temples Avere 
supposed to belong to the gods, and could not be the property 
of a private person. Things ceased to be sacred by being un- 
hallowed.i" 

Any place became religious by interring a dead body in it.^^ 
Sepulchres Avere held religious because they Avere dedicated to 
the infernal gods.^^ No sepulchre could be built or repaired 
Avithout the permission of the pontiffs ; nor could the property 
of sepulchres be transferred, but only the right of burying in 
them.^^ The Avails of cities were also dedicated by certain 
solemn ceremonies, and therefore they Avere held inviolable,^* 
and could not be raised or repaired Avithout the authority of the 
pontiffs. 

Things of human right Avere called profane ; ^^ and Avere 
either public and common, as, the air, running Avater, the sea, 
and its shores, &c. -^^ or private, Avhich might be the property 
of individuals. 

Some make a distinction between things common and publi*;, 
but most Avriters do not. The things of Avhich a Avhole so(;iety 
or corporation had the property, and each individual the use. 



1 per populi rogatio- 
nem, GelL v. 19. 


6 sanctae, i. e. aliqua 


10 exauguratione, Liv. 


endi. 


sanclione nuinita:. 


i. 55. 


11 sancti. 


2 apud quein legis actio 


7 Alacrob. Sat. iii. 3. 


n 1. fi. s. 4. D. de 


15 res profanae. 


erat. 


8 consecrata inaugura- 


divis, rei. 


16 Virs- ^«'>. vii. 239 


e Suet. Aug. 64. 


taque. 


12 diis niaiiibus vel in- 


Gic. Hose. Am. 2c;. 


4 res sacriE. 


9 Hlin. Kp. k. 39. X. 


tcris. 




5 reliaiosa;. 


08,51*. -,tj. 


13 jus moituum infer. 





44 ROMAN ANTIQUITIES. 

were called res universitatis, or more properly, res public,^,' 
as theatres, baths, highways, &c. And those things were called 
RES COMMUNES, whicli either could be the property of no one, as 
the air, light, &c.,^ or which were the joint property of more 
than one, as a common wail, a common field, &c. commune, a 
subst. is put for the commonwealth.^ Hence, in commune consu- 
lere, prodesse, conferre, metuere, &c, for the public good. 

Things which properly belonged to nobody, were called res 
NULLius ; as parts of the world not yet discovered, animals not 
(daimed, &c. To this class was refen-ed h(Breditas jacens ^ or an 
estate in the interval of time betwixt the demise of the last oc- 
cupier and the entry of the successor. 

Things were either movable or ibimovable. The movable 
things of a farm were called ruta c.esa/ as sand, coals, stones, 
&c. which were commonly excepted,^ or retained by the seller.'' 

Things were also divided into corporeal, i. e. which might 
be touched ; and incorporeal, as rights, servitudes, &c. 1 he 
former Cicero called res qu(B sunt; the latter, res qucs intelli- 
gunturj But others, perhaps more properly, call the former, 
res, things ; and the latter, jura, rights.® 

The division of things Horace briefly expresses thus : 

Fait lisec sapientia quondam, 
Publica privatis secernere, sacra profauis,^ Art. Poet. 396. 

Private things ^° among the Romans, were either res mancipi, 
or NEC mancipi. 

Ees mancipi were those things which might be sold and alien- 
ated, or the property of them transferred from one person to 
another, by a certain rite used among Roman citizens only ; so 
that the purchaser might take them as it were with his hand;^^ 
whence he was called manceps, and the things res mancipi, vel 
mancupi, contracted for mancipii. And it behoved the seller 
to be answerable for them to the purchaser, to secure tlie pos- 
session.^- 

Nec mancipi res, ^vere those things which could not be tlius 
transferred ; whence also the risk of the thing lay on the pur- 
chaser.^^ Thus, mancipium and usus, are distinguished : vita- 
que mancipio nulli datur, in property or perpetuity, omnibus 
usu}^ So mancipium andfructus?^ 

The res mancipi, were, — 1. Farms, either in to-wn or country 
within Italy ;^^ or in the provinces, if any city or place had ob- 
tained the Jus Italicum. Other farms in the provinces were 

1 quasi populicas, a po- csesa. tinguish public from vel auctoritatem, vel 
pulo, tlie property of 5 recepta. private good, tilings evictionem priestare, 
the people. 6 Cic. Top. 33. Oral. ii. sacred from things &c. Cic. INfur. 2. 

2 Ov. .Met. !. 135. vi. .55. profane— so Cor. Nep. 13 Plaut. Pers. iv. 3.55. 
349. 7 Top. C. Them. 6. 14 Lucr. iii. 985. 

■ Cic. Ver. ii. 46. 63. 8 Ouin. v. 10. 116. 10 res piivata. 15 Cic. Fair. vii. 29, 30. 

69. Hor. Oa. ii. 15. 13. 9 This was accounted 11 manu caperet. 16 prailia urliana et 

4 sc. ct; i. t. eiuta c-t wisdom of old, to dis- Vi periculum judicii, rur-tica in solo ll-i!iio. 



RIGHTS OF CITIZENS. 45 

culled possessiones, not prcsdia ; and because proprietors g-ave ' 
in an account of their families and fortunes to the censors, they 
were called pr<Bdia censui censendo} — 2. Slaves. — 3. Quadru- 
peds, trained to work with back or neck f as horses, oxen, 
asses, mules ; but not Avild beasts, although tamed ; as elephants, 
camels. — 4 Pearls.^ — 5. The rights of country farms, called 
servitudes.* 

The servitudes of farms in the country were, — 1. The right 
of going on foot through the farm of another y' — 2. Of driving 
a beast or waggon not loaded f — 3. Of driving loaded Avag- 
gons ;^ — 4. Of carrying water f either by canals or leaden 
pipes.^ The breadth of a via, Avhen straight, was eight feet ; 
at a turn,^" sixteen feet ; the breadth of an actus four feet ; but 
the breadth of an iter is uncertain. 

To these servitudes may be added, the drawing of water ;^^ 
the driving of cattle to water ;^^ the right of feeding; of mak- 
ing lime ;^'^ and of digging sand. 

'Diose farms Mhich were not liable to any servitude, Avere 
called PRiEDiA LIBERA,^* thosc which were,^^ pr^dia serva.^*^ 

Buildings in the city were called pr^edia urbana, and were 
reckoned res mancipi, only by accession ;" for all buildings 
and lands were called fundi ; but usually buildings in the city 
were called (edes, in the country, villas. A place in the city 
without buildings, was called area, in the country, ager. A 
field with buildings was properly called fundus. 

The servitudes of the prcBdia urbana, wei'e, — 1. Servitus 
oneris ferendi, when one was bound to support the house of 
another by his pillar or wall ; — 2. Servitus tigni immittendi, 
uhen one was bound to allow a neighbour to drive a beam, a 
stone, or iron into his wall ; for tignum among lawyers signitied 
all kind of materials for building. 

Anciently, for fear of fire, it was ordered that there should be 
an interstice left between houses of at least two feet and a half, 
Avhich was called ambitus, ^^ or angiportus vel -um, and this Avas 
usually a thoroughfare, but sometimes not.^^ For Avhen Rome 
came to be crowded Avith houses, these interstices Avere only left 
betAveen some houses. Nero, after the dreadful fire Avhich hap- 
pened in his time, restored the ancient mode of building houses 
distinct from one another.^" 

Houses Avhich were not joined by common Avails Avith the 
neighbouring houses, Avere called insul^.-^ Sometimes domiis 
and insuldB are distinouished, Suet. Ner. 16. 38. Avhere domus is 



1 Cic. Flacc. 32. 7 via. 12 pecoris ad aquam :xia. 

2 dorso vel cervice do- 8 aqureductus. appulsus. 16 Cic. Kull. iii. 2. 
miti. 9 per canalesv. fistulas 13 calcis coqnenda;. 17 jure fundi. 

3 margaritae, Plin. ix. plumbeas, Vitruv. viii. 14 optimo jure v. cun- IS Fost. 

35. S.60. 7. ditione optima. 19 ler. Adelpli. iv. 

4 servitutes, Ulp. JO in anfractuni v. in 15 quae serviebant, ser- 39. 

5 itnr. Hexu. vitiitem debebant, vel 20 Tac. Ann. xv. 43. 
(3 actus. 11 aqux haustus. servituti erant obno- 21 Fest. 



4G ROMAN ANTIQUITIES. 

supposed to signify the houses of the great, and insul(B those of 
the poorer citizens. But anciently this was not the case, rather 
the contrary ; as, insula Clodii, Luculli, kc.^ Under the em- 
perors, any lodgings,^ or houses to be let,^ were called insulcB, 
and the inhabitants of them, inquilini, or insularii ; v/hich last 
name is also applied to those who were appointed to guard the 
genii of each insula. The proprietors of the insulds were called 
DOMINI INSULARUM,^ vel PR.EDioRUM,^ and their agents procura- 
tores insularum. For want of room in the city they Avere com- 
monly raised to a great height by stories,*^ which were occupied 
by different families, and at a great rent.^ The upmost stories 
or garrets were called ccenacula. He who rented ^ an insula, or 
any part of it, was called inquilinus. Hence Catiline con- 
temptuously calls Cicero inquilinus civis urbis RomcB.^ 

There was also, — 3. Servitus stillicidii et fluminis, whereby 
one was obliged to let the water Avhich fell from his house, into 
the garden or area of his neighbour: or to receive the water 
which fell from his neighbour's house into his area. — 4. Servi- 
tus CLOACA, tlie riglit of conveying a private common sewer 
through the property of a neighbour into the cloaca maxima 

built by Tarquin 5. Servitus non altius tollendi, whereby 

one was bound not to raise his house above a certain height ; 
so as not to obstruct the prospect and lights of his neighbour. 
The height of houses was limited by law, under Augustus, to 70 
feet.^" There was also a servitude, that one should not make 
new windows in his wall.^^ These servitudes of city properties, 
some annex to les rnancipi, and some to res nee mancipi. 

MODES OF acquiring PROPERTY. 



njade by a certain act, called iwancipatio, or mancipium,^-^ in j 
which the same formalities viere observed as in emancipating a 
son, only that it Avas done but once. This Cicero calls traditio \ 
alteri nexu^'^ thus dare mancipio, i. e. ex forma vel lege mancipii, . 
to convey the property of a thing in that manner : accipere, to i 
receive it.^^ Jurat, — se fore mancipii tempus in omne tut, de- ■ 
voted to you.^*" Sui mancipii esse, to be one's own master, to 
be subject to the dominion of no one." So mancipare agrurn 
olicui, to sell an estate to any one,^^ emancipare fundos, to divest i 
one's self of the property, and convey it to another.^^ 

Cicero commonly uses mancipiurn and nexum or -us, as of the 



1 Cic. 


tabulatis. 


43. i. 39. 




'-i hospitia. 


7 Juv. iii. 166. 


11 lumina uti nunc 14 Top. 5. s. 2^. 




S aedes mercede locan- 


8 mercede conducebat. 


sunt, ita sint, Cic. Or. 15 Plant. Cure, i 


v. 2. 8 


dae, vel domus conduc- 


9 A citizen who lived 


i. 39. Trin. li.4. 111. 




titLK. 


In a hired house — 


12 abalienatio, vel trans- 16 Ov. r.mt. iv. 


0. 39. 


4 .Suet .Tul,41.Tib.48. 


Sail. Cat. 31. 


latio dominii v. pro- 17 Cic 13r'jt. Hi, 




5 Piin. Ep. X. 44, 45, 


10 Strab.v.p.l62. Suet. 


prietatis. 18 Plin. Kp. vii. 


IC 


6 coiitignationibus v. 


Aug. 89. Tac. Aun.xv. 


13 Cic. Oft: iii. Iti. Or. 19 Id. X. 3. 





RIGHTS OF CITIZENS. 47 

same import :^ but sometimes he distinguishes them ; as de 
Harusp. 7. where mancipium implies complete property, and 
71CXUS only the right of obligation, as when one receives any 
thing by way of a pledge. Thus a creditor had his insolvent 
debtor jwre nexi, but not. jure mancipii, as he possessed his slave. 
There were various otlier modes of acquiring legal property ; 
as, 1. JURE CEssio, or cessio in jure,^ when a person gave up his 
effects to any one before the praetor or president of a province, 
who adjudged them to the person who claimed them f which 
chiefly took place in the case of debtors, who, when they were 
insolvent, gave up their goods * to their creditors. 

2. UsucAPTio vel usucAPio,^ and also usus auctoritas^ when 
one obtained the property of a thing, by possessing it for a cer- 
tain time without interruption, according to tlie law of the 
twelve tables ; for two years, if it was a farm or immovable, 
and for one year, if the thing was movable.^ But this took 
place only among citizens.'^ Hence Cicero says, nihil rnortaks 
a diis usucapere possunt If there was any interruption in the 
possession, it was called usurpatio, which, in country farms, 
seems to have been made by breaking off the shoot of a tree.^ 
But afterwards a longer time was necessary to constitute pre- 
scription, especially in the provinces, namely, ten years among 
those who were present, and twenty years among those who 
were absent. Sometimes a length of time was required beyond 
remembrance. This new method of acquiring property by pos- 
session, Avas called longa possessione capio, or long.e posses- 

SIONIS PR.ER0GATIVA, Vel PRJTSCRIPTIO. 

3. Emptio sub CORONA, i. e. purchasing captives in war, who 
were sold with chaplets on their heads, fee p. 28. 

4. AuCTio, whereby things were exposed to public sale,^ when 
a spear being set up, and a public crier calling out the price,^" 
the magistrate who was present adjudged them ^^ to the highest 
bidder. ^^ Ihe person who bade, held up his finger.^"^ The cus- 
tom of setting up a spear at an auction seems to have been de- 
rived from this, that at first only those things which were taken 
in war were sold in that manner. Hence hasta is put for a pub- 
lic sale, and sub hasta venire^ to be publicly sold. The day, 
sometimes the hour, and the terms of the auction, used to be 
advertised, either by a common crier ,^^ or in writing.^^ Hence 
tabula is put for the auction itself ;^'^ tabulam proscribere, for 

1 Muren. 2. Flacc. Si rum annuus usus esset, Cic. Or. iii. 28. v. conclamari, Plaut. 
C.pc. 16 Plin. Ep. V. 1. 9 liaslae, v. voci pracco- Men. v. 9. 9^. . _ 

2 Cic. Top. 5. 7 (or adversus hostom, iiis subjiciebantur. 15 tabula pn'scribi Cic. 

3 vindicanti addicebat. i. e. perpfrrinuni, seter- 10 prc-ECOiie pretium pro- Ep. iid Fratr. ii. 6. 

4 bona cedebant. na aui toritas prat; sc. clamante. proscribcbatur so. <'.o- 

5 Cic. Caec. 2(j. Lcgg. jiliuiijus rei, Cic. Oti. i. 11 addicebat. inns seu quis oniprp, 
i. 21. 12. i. e. res semper 12 Cic. Phil. ii. 26. seu conducere vellet, 

6 ut usus auctoritas, i. vindicari poterat a 13 digitum toUobat, Cir. Plin. Ep. vii. 27. aedes 
*?. jus dominii, quod peregrine, et nuiiquam Verr. i. 54. digito lici- vcnalos insciibit lite- 
usu paratur, fundi bi- usu capi. tus est, iii. 11. ris, Plaut. Trin.i.2.1ol. 
cuniuiD, caEterarum re- 8 surculo defringcndo, 14 a p'ostonc prxdicari, 16 lb. 



48 ROMAN ANTIQUITIES. 

auctionem const ituere ; pi^oscribere domum y. fimdum^ to advertise 
for sale.^ And those whose goods Avere thus advertised, were 
said pendere^ and also the goods, bona suspensa ; because the 
advertisement ^ was affixed to a pillar - in some public place.^ 
So tabulas auctionarias proferre v. tabulam, to publish,'* ad tabu- 
lam adesse, to be present at the sale.^ Thus also sub titulum 
nostros misit avana lares, i. e. domum, forced me to expose my 
house to tale.* 

It behoved the auction to be made in public,^ and there were 
courts in the forum Avhere auctions were made/" to which Juve- 
nal is thought to allude, Sat. vii. 7. A money- broker ^^ was also 
present, who marked down what was bidden, and to whom the 
purchaser either paid down the price, or gave security for it.^- 
The sale was sometimes deferred. ^^ 

The seller was called augtor, and was said vendere auctio- 
nem,^^ in the same manner as a general, when he sold the whole 
plunder of a city, was said vendere sectionem}^ The right of 
property conveyed to the purchaser was called auctoritas ; and 
if that i-ight Avas not complete, he Avas said a malo auctore emere, 
to buy from a person who had not a right to sell.^^ 

5. Adjudicatio, Avhich properly took place only in three 
cases ; in familia herciscunda, vel ercto ciundo, i. e. hfereditate 
dividenda, in dividing an inheritance among co-heii's,^^ in corn- 
muni dividendo, in dividing a joint stock among partners,^^ m 
finibns regundis, in settling boundaries among neighbours,''-' 
when the judge determined any thing to any of the heirs, part- 
ners, or neighbours, of Avhich they got immediate property; 
but arbiters Avere commonly appointed in settling bounds.^" 
Sometimes, however, things Avere said to be adjudged -' to a 
person, Avhich he obtained by the sentence of a judge from any 
cause Avhatever. 

6. Donatio. Donations Avhich Avere made for some cause, 
Avere called munera ; as from a client or freedman to his patron, 
on occasion of a birth or marriage. ^^ Those things Avhich Avere 
given without any obligation, Avere called dona ; but these Avords 
are often confounded. 

At first presents Avere but rarely given among the Romans; 
but afterwards, upon the increase of luxury, they became very 
frequent and costly. Clients and freedmen sent presents to 
their patrons,^^ slaves to their masters, citizens to the emperors 
and magistrates, friends and relations to one another, and that 
on various occasions ; particularly on the Kalends of January, 

1 Cic. 7 0uin. 6. 13 auctio proferebatur, 17 Cic. Or. i.SS.racc.S 

2 Suet. Claud, ix. 8 Ov. R. A. 302. Cic. Att. xiii. 12. 18 Cic. Kp. vii. 12. 

3 libelliis V. tabella. 9 Cic. ib. & Rull. i. 3. 1-1 Cic. (iiiin. 5. 19 Cic. Legg. i. 21. 

4 plla V. columna. 10 atria auctionaiia. 15 Css. Bell. Gall. ii. 20 Cic. Top. 10. 

5 Sen. Ben. iv. 12. 11 argsntarius. 33. 21 adjudicari. 

6 Cic. Cat. ii. 8. Phil. 12 Cic. Caec. 6. Ouin. 16 Cic. Verr. v. 22. 22 Ter. Phorm. i. 1. 13. 
ii. 29. xi. 2. Plaut. Cure. iv. 2. 12. 23 Plin. Ep. v. It. 



RIGHTS OF CITIZENS. 49 

called sTREN^ ; at the feasts of Saturn, and at public entertaiu- 
raents, apophoreta ; to guests, xenia ; on birth-days, at mar- 
riages, &c.^ 

Those things %vhich were acquired by any of the above men- 
tioned methods, or by inheritance, by adoption,- or by law, as 
a legacy, &c. were said to be in dominio quiritario, i. e. justo 
et legitimo : other things were said to be in bonis, and the pro- 
prietors of them were called bonitarii, Avhose right was not so 
good as that of the domini quiritarii, qui optimo jure possideix 
dicebantur, Avho were secure against lawsuits. But Justinian 
abolished these distinctions. When a person had the use and 
enjoyment of a thing, but not the power or property of alienat- 
ing-, it was called ususfructus, either in one word,"^ or in two,^ 
and the person fructuarius, or usufructuarius. 

6. right of testament and inheritance. 

None but Roman citizens ^ could make a will, or be witnesses 
to a testament, or inherit any thing by testament.'' 

Anciently testaments used to be made at the Comitia Curiata, 
which were in that case properly called Calata.' 

The testament of a soldier just about to engage, was said to 
be made in procinctu, when in the camp, while he Avas girding 
himself, or preparing for battle, in presence of his fellow-sol- 
diers, without MTiting, he named his heir.^ So in procinctu 
carmina facta, written by Ovid at Tomi, Avhere he was in con- 
tinual danger of an attack from the Getae.^ 

But the usual method of making a will, after the laws of the 
twelve tables were enacted, was per ^s et JjIbuam, or per famili(S 
emptionem, as it was called ; Avherein before live witnesses, a 
libripens and an antestatus, the testator, by an imaginary sale, 
disposed of his family and fortunes to one Avho Avas called 
familIxE emptor, who Avas not the heir, as some have thought,^" 
but only admitted for the sake of form ,^^ that the testator might 
seem to \\?L\e alienated his effects in his lifetime. This act Avas 
called FAMiLi.E biancipatio ; Avhich being finished in due form, 
the testator, holding the testament in his hand, said, h.ec, uti in 

HIS TABULIS CERISVE SCRIPTA SUNT, ITA DO, ITA LEGO, ITA TESTOR, 
ITAQUE VOS, QUIRITES, TESTIMONIUM PR.EBITOTE, UpOn which, aS 

was usual in like cases, he gently touched the tip of the ears of 
the Avitnesses ;^^ this act Avas called nuncupatio testamenti.^"^ 
Hence nuncupare hcBredem, for nominare, scribcre, or Jacere.^' 
But sometimes this word signities to name one's heir viva voce^ 

1 I'iin. & Martial, pas- filio, Cic. C^c. i. 7 Gell. xv. 27. tabatur, quod in ima 
sim. 4 as, usus enim ejus et 8 nuncupavit, Cic.Nat. aure meinoiiae locus 

2 arrogatione. fructus fundi testa- D. ii. 3. Or. i. 53. erJit, Plin. xi. 45. 

3 thus, usumfnictum mento viri fuerat Cse- 9 Pont. i. S. 10, ]3 Plin. F.j). viii. 18. 
ouinium bnnorum su- senn^a;, lb. 7. 10 Suet. Ner. 4. 14 Suet. Sc Piin. pas- 
orum Caesenniae legat, 5 sui juris. 11 dicis causa. sim. 

Ct frueretur una cum 6 Cic. Arch, 5. Dom. 32. 12 auricula tacta antes- 



50 ROMAN ANTIOUITIICS. 

^vithoiit vviitiiig ; as Horace just before his death is said to have 
named Augustus. For the above mentioned formalities were 
not always observed, especially in later times. It was reckoned 
sufficient if one subscribed his will, or even named his heir 
viva voce, before seven witnesses. Something similar to this 
seems to have prevailed anciently/ whence an edict about that 
matter is called by Cicero, vetus et translaticium, as being 
usual.^ 

Sometimes the testator wrote his Aviil wholly with his own 
hand, in which case it was called holographum. Sometimes it 
was written by a friend or by others.^ Thus the testament of 
Augustus was partly written by himself, and partly by two of 
his freedmen.* Lawyers were usually employed in writing or 
drawing up wills,^ But it was ordained under Claudius or 
Nero, that the writer of another's testament (called by lawyers 
testamentarius,) should not mark down any legacy for himself.'' 
When a testament was written by another, the testator wrote 
below, that he had dictated and read it over.'' Testaments were 
usually written on tables covered over with wax, because in them 
a person could most easily erase what he wished to alter.^ Hence 
CERiE is put for tabulcs ctratcB or tabulm testamenti.^ Pri.ma 
CERA, for prima pars tabulcB, the first part of the will,^*^ and cera 
EXTREMA, or ima, for the last part.^^ But testaments were called 
TABUL.E, although written on paper or parchment.^- 

Testaments were always subscribed by the testator, and 
usually by the witnesses, and sealed with their seals or rings,^** 
and also with the seals of others.^^ They were likewise tied 
with a thread. Hence nee mea suhjecta convicta est gemma 
tabella mendacem linis imposuisse notam^ nor is my ring, i. e. 
nor am I convicted of having affixed a false mark, or seal, to 
tlie thread on a forged deed or will.^^ It was ordained that the 
thread should be thrice drawn through holes, and sealed.^'' 

The testator might unseal " his will, if he wished to alter or 
revise it.^^ kiometimes he cancelled it altogether; sometimes 
he only erased ^^ one or two names. Testaments, like all other 
civil deeds, were always written in Latin. A legacy expressed 
in Greek was not valid.-° There used to be several copies of 
the same testament. Thus Tiberius made two copies of his will, 
the one written by himself, and the other by one of his ireed- 
inen.^^ Testaments were deposited, either privately in the 
hands of a friend, or in a temple Avith the keeper of it.^^ Thus 

1 Tic. Verr, i. 45. cognovisse. nabantur, Cic. Clu. 13. 18 mutare vel reoogno- 

2 lb. 44. 8 Quin. X. 3. 31. 14. scere. 

3 PHn. Ep. vi. 26. 9 Juv.i.63. Mart.iv.70. 14 Cic. Att. vii. ?. Su't. 19 inducebat v. dele 

4 Suel. Aug. 102. 10 Hor. Sat. ii. 5. 5i. Tib. c. ult. Piin. Ep. bat. 

6 Cic. Or. ii. 6. Suet. 11 Cic.Ver. i. 36. Suel. ix. i. 20 Ulp. Frag, xx v. 9. 
Ner.32. <^;a;s. 83. 15 Ov. Pont. ii. 9. 6§. 21 Suet. Tib. c. uU. 

fi Suet. Ner. 17. 12 Ulp. 10 Suft. Ner. 17. 'ii apud a;..Uuun.. 

7 se id dictasse et re- 13 si^'nis eorum obsig- 17 resignarc. 



RIGHTS OF CITIZENS. 51 

Julius Csesav is said to have intrusted his testament to the eldest 
of the vestal virgins.^ 

In the first part of a will, the heir or heirs were written thus : 

TITIUS MIHI H^RES ESTO, Sit V. evH ; OV tllUS, TITIUJM H.1:REDEM ESSK 

JUBEo, vel volo ; also, hcBredemfacio, scribo, instituo. If there 
were several heirs, their different portions were marked. If a 
person had no children of his own, he assumed others, not only 
to inherit his fortune, but also to bear his narae,^ as Julius Casar 
did Augustus.^ 

If the heir or heirs who were first appointed* did not choose 
to accept,^ or died under the age of puberty, others were sub- 
stituted in their room, called H^iiiEDES secundi.'' 

A corporate city ^ could neither inherit an estate, nor receive 
a legacy,^ but this was afterwards changed. 

A man might disinherit'^ his own children, one or all of them, 
and appoint what other persons he pleased to be his heirs : thus, 
TITIUS FiLius MEus EXH.EREs ESTO.-^" Sometimes the cause ^^ was 
added. ^'^ A testament of this kind was called inofficiosum, and 
when the children raised an action for rescinding it, it was said 
to be done per querelam inofficiosi. 

Sometimes a man left his fortune in trust ^^ to a friend on 
certain conditions, particularly that he should give it up^* to 
some person or persons. Whatever was left in this manner, 
whether the v.hole estate, or any one thing, as a fai-m, &c. was 
(tailed fideicommissum, a trust ; and a person to Avhom it was 
thus left, was called h.eres fiduciarius, who might either be a 
citizen or a foreigner.^^ A testament of this kind w^as expressed 
in the form of request or entreaty ;^^ thus, rogo, peto, volo, 
MANDo, fidei tu.e committo ;^^ and not by way of command, ^^ as 
all testaments were, and ir.iglit be written in any language. 

In the last part of the wiil,^^ tutors were appointed for one's 
children, and legacies ~" left to legatees ~^ all in direct and com- 
manding words : thus, tutor esto, vel tutores sunto : tutorem 
V. -Es Do.^^ And to their protection the testator recommended 
])is children.^-^ 

Ijegacies Avere left in four different ways, Avhich lawyers have 
distinguished by the following names. — 1. Per vindicationem ; 
thus, DO, LEGO ; also, capito, sumito, v. habeto.^^ This form was 
so called from the mode of claiming property, ^^ — 2. Per damna- 
TioxEM : thus, h.eres meus, damnas esto dare, &c. Let mv heir 



1 Suet. Jul. S3. 

\L nomeii suum ferre. 

3 in larailiam nomenque 
adiiptiivit, adscivit, 
SuPl. assumpsit, Plin. 

4 ins'.ituti. 

5 htreditatPm adire, v 
ceniere iioUent. 

6 sfcundo locov. gradu 
ecripli r. substituti, 



Cic. Clu. U.Hor. Sat. 


exlispre.-^ationis. 


18 verbis iniperativis. 


ii. 5. 45. Suet. Jul. 83, 


12 Cic. Clu. 48. Quin. 


19 in tabulis secundis. 


7 rospublica. 


vii. 4. 21\ decl. 2. 


20 legata. 


8 Plill. i<:n. V. 7. 

9 exhaerecWe. 


13 tidei coinmittebat. 


21 legatariis. 


14 ut restitueret v. red- 


21 Cic. Ep. xlii. 61 


10 Plin. Ep. V. l.lience 


derpt. 


Plin.Kp. ii.l. 


Juv. Sat. Ill, coJice 


15 l.S. s. 4. D. de ac. 


23 Ov. !r. iii.ll.]'. 


saevo haii-edes vetat 


ceptil. 


21 to whicli Vir.il 


esse suos. 


16 verbis precativis. 


Iui!fs, Ji;n.v.r>,3. 


11 elogiara, i. e. causa 


17 Ter. And. ii. 5. 


25 Cic. Mur. Ii;. 


E 


2 





52 ROMAN ANTIQUITIES. 

be bound, &c ;^ and so in the plural, damnas sunto. By this 
form the testator was said damnare h(B7-edem, to bind his heir. 
Hence damnare aliquem votis,^ civitas damnata voti, bound to 
p(>rform.'^ But it was otherwise expressed thus, h^res meus 

DATO, FACITO ; H^REDEM MEUM DARE JUBEO. 3. SiNENDl modo ; 

thus, H.ERES MEUS SINITO, Vel DAMNAS ESTO ^INERE LUCIUM TITIUM 

SUMERE ILLAM REM, V. SIBI HABERE 4. Per PR.^CEPTIONEM ; thuS, 

L. TITIUS ILLAM REM PR.^iCIPITO, E MEDIO, Vel E MEDIA H.EREDITATE 

suMiTO, siBiQUE HABETO, vel prtscipiat, &c. when any thing was 
left to any person, which he was to get before the inheritance 
was divided, or when any thing- particular was left to any one 
of the co-heirs besides his own share.* Hence pr.'ecipere, to 
receive in preference to others ; and pr^eceptio, a certain legacy 
to be paid out of the first part of the fortune of the deceased,^ 
as certain creditors had a privilege to be preferred to others.^ 

AVhen additions were made to a will, they were called codi- 
ciLLi. They were expressed in the form of a letter addi'essed 
to the heirs, sometimes also to trustees.^ It behoved them how- 
ever to be confirmed by the testament.^ 

After the death of the testator, his Avill was opened,^ in pre- 
sence of the witnesses who had sealed it,^" or a majority of 
them.^^ And if they were absent or dead, a copy of the will 
was taken in presence of other respectable persons, and the 
authentic testament was laid up in the public archives, that if 
the copy were lost, another might be taken from it.^^ Horace 
ridicules a miser who ordered his heirs to inscribe on his tomb 
the sum he left.^^ 

It Avas esteemed honourable to be named in the testament of 
a friend or relation, and considered as a mark of disrespect to 
be passed over.^* 

It was usually required by the testament, that the heir should 
enter upon the inheritance within a certain time, in 60 or 100 
days at most.^^ This act was called h ereditatis cretio,^'' and 
was performed before witnesses in these Avords : cum me m^vius 
h.eredem instituerit, eam h.ereditatem cerno adeoque. After 
saying which,^^ the heir was said h/Ereditatem adisse. But 
when this formality ^^ was not required, one became heir by 
acting as such,^^ although he might, if he chose, also observe the 
solemn form. 

If the father or grandfather succeeded, they were called hcB- 
redes ascendentes ; if, as was natural, the children or gi-and- 
children, descendentes ; if brothers or sisters, collaterales. 

1 Quin. viii. 9. 9. creditoribus pracponan- s-t. tuit se hicredrm esse, 

2 Virg. JEn. V. 80. tur. Id. x. lUi), 110. 13 Sat. ii, 3. 84. dicitur ceriiere, Varr. 

3 Liv. V. 25 7 ad Kdeicommissarios. 14 Cic. Dom. 19. 32. L. L. vi. 5. 

4 to which Virgil al- 8 Plin. Ep. ii. 16. Sext. 52. Phil. ii. 16. 17 dictis cretioiiis ver- 
ludes, iEn. ix.271. 9 Hor. Kp. i. 7. Suet. Aug. 66. bis. . . , . 

5 Plin. Ep. V. 7. 10 coram signatoiibus. 15 Cic. Att. xiii. 16. Or. 18 crotionis solemnitie. 

6 protopraxia, i. e. pri- 11 Suet. Tib. 23. i. 22. Plin. Ep.x. 79. 19 pro hx-rede se ge- 
vilegium quo cxtcris \i esset unde peti pes- 16 hneies cum consti- rendo vel gtstiono 



RIGHTS OF CITIZKNS. 53 

If any one died without making a will/ his g-oods devolved 
on his nearest relations ; first to his children, failing them, to 
his nearest relations by the father's side,^ and failing- them, to 
those of tlie same gens.*'^ At Nice, the community claimed the 
estate of every citizen who died intestate.'^ 

The inheritance was commonly divided into twelve parts, 
called uncicB. The wdiole was called as. Hence TicBves ex asse, 
heir to one's whole fortune ; hceres ex semisse^ ex triente, do- 
drante, &c. to the half, third, three fourths, &c. 

The uNciA was also divided into parts ; the half semuncia, the 
third DU£LLA, or dines sextulcB^ the fourth sigilicum, v. -us, the 

sixth SE^STULA.^ 

7. RIGHT OF TUTELAGE OR WARDSHIP, 

Any father of a family might leave whom he pleased as guar- 
dians '' to his children.^ But if he died intestate, this charge 
devolved by law on the nearest relation by the lather's side. 
Hence it was called tutela legitima. This law is generally 
blamed, as in later times it gave occasion to many frauds in 
prejudice of Avards.^ 

When there was no guardian by testament, nor a legal one, 
then a guardian v.as appointed to minors and to women by the 
praetor, and the majority of the tribunes of the people, by the 
Atilian law, made A. U. 443, But this law was afterwards 
changed. 

Among the ancient Romans, women could not transact any 
private business of importance, without the concurrence of their 
parents, husbands, or guardians f and a husband at his death 
might appoint a guardian to his wife, as to his daughter, or 
leave her the choice of her own guardians.^" Women, however, 
seem sometimes to have acted as guardians.^^ 

If any guardian did not discharge his duty properly, or de- 
frauded his pupil, there was an action against him.^^ 

Under the emperors, guardians were obliged to give secu- 
rity ^^ for their proper conduct.^^ A signal instance of punish- 
ment inflicted on a perfidious guardian is recorded, Suet, (.^alb, 9. 

II. PUBLIC RIGHTS OF ROMAN CITIZENS. 

These were jus census, rniliticB, tributorum, suffragii, lionorwn, 
tt sacrorum, 

I. Jus CENSUS. The right of being enrolled in the censor's 
books. This will be treated of in another place. 

Flacc. C4, 35. Ca:c. 3. 

10 Liv. xxxix. IS). 13 s;;tisdare. 

. 1] I/iv. x^xix. 9. 14 rem pupilli fore Sil- 

12 judicium tulelae, Cic. vuin, DigesU 
. Hose. 6. Or. i. 36. 

k3 



1 iutestatus. 


6 tiitoiPs. 


2 ar.natis. 


7 Liv. i. 31. 


i iijeiitilibus. 


8 i.upilli, Hor. Sat. i'l 


4 I'liii. Kp.x.SS. 


.i. .)uv. Sat. vi. ;>8. 


6 Cic.CiCc.ti. 


9 Liv. xxxiv. -i. Gic 



54 ROMAN ANTIQUITIES. 

II. Jus MILITI.E. The right of serving in the army. At first 
none but citizens were enlisted, and not even those of the lowest 
class. But in aftertimes this was altered ; and under the empe- 
rors soldiers were taken, not only from Italy and the provinces, 
but also at last from barbarous nations.^ 

III. Jus TRiBUTORUM. Tributum properly was money publicly 
imposed on the people, which was exacted from each individual 
through the tribes in proportion to the valuation of his estate.^ 
Money publicly exacted on any other account, or in any other 
manner, ^vas called vegtigal.^ But these words are not always 
distinguished. 

There were three kinds of tribute ; one imposed equally on 
each person,* which took place under the first kings f another 
according to the valuation of their estate f and a third which 
was extraordinary, and demanded only in cases of necessity, 
and therefore depending on no rule.'^ It was in many instances 
also voluntai-y,^ and an account of it was taken, that when the 
treasury was again enriched, it might be repaid, as was done 
after the second Punic war.^ 

After the expulsion of the kings, the poor were for some 
time freed from the burden of taxes, until the year 349, when 
the senate decreed, that pay should be given from the treasury 
to the common people in the army, Avho had hitherto served at 
their own expense ; whereupon all were forced to contribute 
annually according to their fortune for the pay of the soldiers.^" 

In the year of the city 586, annual tributes were remitted, on 
account of the immense sums brought into the treasury by L. 
Paulus -^milius, after the defeat of Perseus,^^ and this immunity 
from taxes continued, according to Plutarch, down to the con- 
sulship of Hirtius and Pansa. 

The other taxes ^^ were of three kinds, portorium, decumoB, 
and scriptura. 

1. Portorium was money paid at the port for goods imported 
and exported, the collectors of which were called portitores ; 
or for carrying goods over a bridge, where every carriage paid 
a certain sum to the exacter of the toU.^^ The portoria were 
remitted A. U. QQ2, the year in Avhich Pompey triumphed over 
Mithridates,^* but were afterwards imposed on foreign merchan- 
dise by Caesar.^^ 

2. Decum.e, tithes, were the tenth part of corn, and the fifth 
part of other fruits, which were exacted from those who tilled 
the public lands, either in Italy or without it. Those who 
farmed the tithes were called decumani, and esteemed the most 

1 Zos. iv. 30, 31. 6 ex censu, Liv. i. 43. 10 Liv. iv. 59, GO. 14 D'lO.ST. 51. Cic. Atfc, 

i pro portione census. iv. 60. Diony. iv. 8. 19. 11 Cic. Off. ii. 22. ii. 16. 

3 Vair. L. iv. 36. 7 temerariiim, Fest. 12 vectigalia. 15 Suet. Jul. 43. 

4 in capita. 8 Liv. xxvi. 36. 13 Digest. Vid. Cms. B. 

5 Diony. iv. 43. 2 Id. G. i. 18. et iii. 1. 



RIGHTS OF CITIZENS. 55 

honourable of the publicans or farmers general, as agriculture 
was esteemed the most honourable way of making a fortune 
among the Romans.^ The ground from which tithes were paid 
was also called decumanus.^ But these lands were all sold or 
distributed among the citizens at different times, and the land 
of Capua the last, by Caesar.^ 

3. ScRiPTURA was the tax paid from puhlic pastures and 
woods ; so called, because those who wished to feed their cattle 
there, subscribed their names before the farmer of them,* and 
paid a certain sum for each beast ;^ as was likewise done in all 
the tithe lands.^ 

All those taxes were let publicly by the censors at Rome,^ 
Those who farmed them ^ were called publicani or mancipes.^ 
They also gave securities to the people,^" and had partners who 
shared the profit and loss with them.^^ 

There was long a tax upon salt. In the second year after 
the expulsion of Tarquin, it was ordained that salt should not 
be sold by private persons, but should be furnished at a lower 
rate by the public.^^ A new tax was imposed on salt in the 
second Punic war, at the suggestion of the censors Claudius 
Nero and Livius, chiefly the latter ; who hence got the surname 
of Salinator.^^ JBut this tax was also dropped, although it is 
uncertain at what time. 

There was another tax which continued longer, called vice- 
siMA, i. e. the twentieth part of the value of any slave who was 
freed.^* It was imposed by a law of the people assembled by 
tribes, and confirmed by the senate. What was singular, the 
law was passed in the camp.^^ The money raised from this 
tax ^^ used to be kept for the last exigencies of the state.^^ 

Various other taxes were invented by the emperors ; as the 
hundredth part of things to be sold,^^ the twenty-fifth of slaves/^ 
and the twentieth of inheritances,^" by Augustus,^^ a tax on eat- 
ables,'^^ by Caligula,-^ and even on urine, by Vespasian.^* 

IV. Jus suFFRAGii, the right of voting in the different assem- 
blies of the people. 

V. Jus HONORUM, the right of bearing public offices in the 
state. These were either priesthoods or magistracies,-^ which at 
first were conferred only on patricians, but afterwards were all, 
except a few, shared with the plebeians. 

VI. Jus SACRORUM. Sacred rites were either public or pri 

1 Cic. Verr. ii. 13. iii. 6 in agris decumanis, 12 Liv. ii. 9. mancipiorura. 

8. Cic. Verr. iii. 62. 13 Liv. xxix. 37. 20 vigesima hseredita- 

2 Cic. Verr. iii. 6. Plaut. True. i. 2. 44. 14 Cic. Att. ii. 16. turn. 

3 Suet. JuU 23. Cic. 7 locabantur sub hasta, 15 Liv. vii. 16. 21 Suet. Aug. 49. Dio. 
Att. ii. 16. Cic. RuU. i. 3. 16 aurum vicesima- Iv. 2.5. 

4 coram pecuarlo vel 8 redimebant v. CQiidu- riuui. 22 pro eduliis. 
jcriptiiarin, Varr. cebant. 17 Liv. xxvii. 10. 23 Suet. 40. 
Rust. ii. 16. 9 Cic. Com. 10. 18 centesimn, Tac. i. 24 Suet. 23, &c. 

5 Kest. in scripluai ius 10 pr;edes, 78. 25 sacerdotia et mn£is- 
£t;pr. 11 socii. 19 vicesima qninla tratus. 



5fi 



RO.MAN ANTIQUITIES. 



vate. The public were those pevforuied at the public expensor 
the private were those which every one privately observed at 
home. The vestal virgins preserved the public hearth of the 
city ; the curiones with their curiales kept the hearths of tJie 
thirty curias ; the priests of each village kept the fires of each 
village.^ And because upon the public estaWishnient of Chris- 
tianity in the empire, when, by the decrees of Constantine and 
his sons, the profane worship of the gods was prohibited in 
cities, and their temples shut, those who were attached to the 
old superstition fled to the country, and secretly performed 
their foi'mer sacred rites in the villages ; hence pagans came to 
be used for heathens,^ or for those Avho were not Christians ; 
as anciently among the Romans those were called pagani who 
were not soldiers.^ Thus, pagani et montani, are called plebes 
urbana by Cicero, because they were ranked among the city 
tribes, although they lived in the villages and mountains,* 

Each gens had certain sacred rites peculiar to itself,^ which 
they did not intermit even in the heat of a war.'' Every father 
of a family had his own household-gods, whom he worshipped 
privately at home. 

Those Avho came from the free towns, and settled at Rome, 
retained their municipal sacred rites, and the colonies retained 
the sacred rites of the Roman people. 

No new or foreign gods could be adopted by the Romans, un- 
less by public authority. Thus JEsculapius was publicly sent 
for from Epidaurus, and Cybele from Phrygia.^ Hence, if any 
one had introduced foreign rites of himself, they Avere publicly 
condemned by the senate.^ But under the emperors, all the 
superstition of foreign nations flocked to Rome ; as the sacred 
rites of Isis, Serapis, and Anubis from Egypt, &«i. 

These were the private and public rights of Roman citizens. 
It was a maxim among the Romans, that no one could be a 
citizen of Rome, who suffered himself to be made a citizen of 
any other city ; ^ Avhich was not the case in Greece:^" and no 
one could lose the freedom of the city against his will.^^ If the 
rights of a citizen were taken from any one, either by way of 
punishment, or for any other cause, some fiction always took 
place. Thus, when citizens were banished, they did not expel 
them by force, but their goods were confiscated, and themselves 
Avere forbidden the use of fire and water,*^ which obliged them 
to repair to some foreign place. Augustus added to this form of 
banishment what was called deportatio, whereby the con- 
demned, being deprived of their rights and fortunes, were con- 



I pa^orum. 


4 Dum. 28 


xxxi 


X. 16. 


11 Cic. Dom. 29, bO. 


2 k^,iKm, Gentiles. 


5 gentilitia, Liv. v. S2. 


9 Cir 


. Case. 36. Nep, 


Cxc. .S3. 


Juv. xvi. 32. Suet, 


6 Li«r. V 46. 


Alt. 


3. 


12 lis igiic et aqua in- 


Giilb. 19. Flin. Ep. vii. 


7 Liv. xxix, n, 12. 


10 CI 


c. Arch. 5. Balb. 


teriiictu'.ii est. 


85, 


8 Liv. )Y. aO. xjcv. 1. 


13. 







JUS LATH. 57 

veyed to a certain place, without leaving it to their own choice 
to go where they pleased. 

When any one Avas sent away to any place, without being de- 
prived of his rights and fortunes, it was called belegatio.^ 

So captives in war did not properly lose the rights of citizens. 
Those rights were only suspended, and might be recovered, as 
it was called, Jure postliminiiy by the right of restoration or 
return.^ 

In like manner, if any foreigner who had got the freedom of 
Rome returned to his native city, and again became a citizen of 
it, he ceased to be a Roman citizen.^ This was called postlimi- 
nium, with regard to his own country, and rejectio civitatis with 
regard to Rome. 

Any loss of liberty, or of the rights of citizens, was called 
DiMiNuTio CAPITIS, JUS Ubertatis imminutum^ Hence capitis mi- 
nor, sc. ratione vel respectu, or capite diminutus, lessened in his 
state, or degraded from the rank of a citizen.^ The loss of 
liberty, which included the loss of the city, and of one's family, 
was called diminutio capitis maxima ; banishment, diminutio 
media ; any change of family, minima.^ 

JUS LATH. 

The jus lath or latinitas,^ was next to the jus civitatis. La- 
tium anciently ^ was bounded by the rivers Tiber, Anio, Ufens, 
and the Tuscan sea. It contained the Albans, Rutuli, and 
^qui. It was afterwards extended^ to the river Liris, and 
comprehended the Osci, Ausones, and Volsci.^'' The inhabi- 
tants of Latium were called latini socii, nomen latinum, et socii 
latini nominis, &c. Socii et Latinmn nomen, means the Italians 
and Latins. 

The JUS LATH was inferior to the jus civitatis, and superior to 
t\\Q jus Italicum. But the precise difference is not ascertained. 

The Latins used their own laws, and Avere not subject to the 
edicts of the Roman praetor. They were permitted to adopt 
some of the Roman laws, if they chose it, and then they were 
called popuLi fundi. If any state did not choose it, it was said 
Ei LEGi, V, de ea lege fundus fieri nolle, i. e. auctor, subscriptor 
esse, V. earn probare et recipere}^ 

The Latins were not enrolled at Rome, but in their own 
cities.^^ They might be called to Rome to give their votes 
about any thing, but then they Avere not included in a certain 
tribe, and used to cast lots to know in what tribe they should 

1 Thus Ov. Trist. ii. 4 Cic. Mil. 36. Sail. nutis. 9 Latuini Novum. 
137. vll.ai. Cat. 37. 7 Suet. Aug. 47. Cic, 10 Plin. iU. 9. 

2 Cic. Ton. 8. Or. i. 40. 5 Hor. Od. iii. 5. 42. Att. xiv. 12. H Cic. Balb. S. 

3 Cic. Balb. 12. G Dig. ii. de capite mi- 8 Latium Vetus. 12 Liv. xli. P. 



58 ROMAN ANTIQUITIES. 

vote ; ^ and when the consuls cliose, they ordered them by a de- 
cree of the senate to leave the city, which, however, rarely hap- 
pened.2 

Such Latins as had borne a civil office in their own state, be- 
came citizens of Rome f but could not enjoy honours before the 
lex Julia was made,^ by which law the ri^ht of voting- and of 
enjoying honours was granted to those who had continued faitli- 
ful to Rome in the Social war, A. U. 663 ; ^hich the Latins had 
done. The distinction, however, betwixt the Jus Latii and the 
jus civitatis, and the same mode of acquiring the full right of 
citizenship, was still retained.^ 

The Latins at first were not allowed the use of arms for their 
own defence, without the order of tlie people \^ but afterwards 
they served as alhes in the Roman army, and indeed constituted 
the principal part of its strength. They sometimes furnished 
two thirds of the cavalry, and also of the infantry.' But they 
were not embodied in the legions, and were treated with more 
severity than Roman citizens, being punished with stripes, from 
which citizens were exempted by the Portian law.^ 

The Latins had certain sacred rites in common with Roman 
citizens ; as the sacred rites of Diana at Rome, (instituted by 
Servius Tullius,^ in imitation of the Amphictyones at Delphi, 
and of the Grecian states in Asia in the temple of Diana at 
Ephesus,^") and the Latin holy-days kept with great solemnity 
on the Alban mountain; first for one day, the 27th of April, 
and afterwards for several days. The Romans always presided 
at the sacrifices.^^ Besides these, the Latins had certain sacred 
rites, and deities peculiar to themselves, which they Avorship- 
ped; as Feronia at Terracina, Jupiter at Lanuvium.^' 

They had also solemn assemblies in the grove of Ferentina,^^ 
which appear in ancient times to have been employed for po- 
litical as well as religious purposes. From this convention all 
those were excluded who did not enjoy i\\ejus Latii. 

JUS ITALICUM. 

All the country between the Tuscan and Hadriatic seas, to the 
rivers Rubicon and Macra, except Latium, was called Italy. 
The states of Italy, being subdued by the Romans in different 
Avars, were received into alliance on different conditions. In 
many respects they were in the same state Avith the Latins, 
They enjoyed their own laws and magistrates, and were not 
subject to the Roman praetor. They were taxed ^* in their own 

1 Liv. XKV. 3. 5 per Latium in civita- 7 Liv. Hi. 22. xxi. 17. et 11 Liv. xxi. c. ult. xx, 

2 Cic Brut.2o.Spxl.l5. tern veniendi. Plin. alibi passim. 1. Diony. iv. 40. 

3 App. Bell. Civ. ii. p. Pan. 37. 39. Strab. iv. 8 Sail. Ju'r. 63. 12 Liv. xxxii. 9. 
•143. p. 186. 9 Liv. i. 4r.. 13 Liv i. 51'. 

4 Iav. viii. 4. xxiii. 22. 6 Liv. ii. ?C. ir. 19. 10 Dionj-. iv. 2-;. 14 ceiisi. 



PROVINCES. 59 

cities, and furnished a certain number of soldiers according- to 
treaty. But they had no access to the freedom of Rome, and 
no participation of sacred rites. 

After the second Punic war, several of the Italian states, for 
having revolted to Hannibal, were reduced to a harder condition 
by the dictator Sulpicius Galba, A. U. 550 ; especially the Bru- 
tii, Picentini, and Lucani, who were no longer treated as allies, 
and did not furnish soldiers, but public slaves.^ Capua, which 
a little before had been taken, lost its public buildings and ter- 
ritory.^ But after a long and violent struggle in the Social, or 
Marsic Avar, all the Italians obtained the right of voting and of 
enjoying honours by the Julian and other laws. Sulla abridged 
these privileges to those who had favoured the opposite party ; 
but this Avas of short continuance.^ Augustus made various 
changes. He ordered the votes of the Italians to be taken at 
home, and sent to Rome on the day of the comitia.* He also 
granted them an exemption from furnishing soldiers.^ 

The distinction of the jus Latii and Italicum, however, still 
continued, and these rights were granted to various cities and 
states out of Italy .^ In consequence of which, farms in those 
places were said to be in solo italico, as Avell as those in Italy, 
and were called pr.edia censui censendo,'^ and said to be in cor- 
pore census, i. e. to constitute part of that estate, according to the 
valuation of which in the censor's books every one paid taxes.^ 

PROVINCES. 

Those countries were called provinces, which the Roman peo- 
ple, having conquered by arms, or reduced any other way under 
their power, subjected to be governed by magistrates sent from 
Rome.^ The senate having received letters concerning the re- 
duction of any country, consulted what laws they thought proper 
should be prescribed to the conquered, and sent commonly teii 
ambassadors, Avith Avhose concuiTcnce, the general Avho had 
gained the conquest might settle evevy thing.^" 

These laAvs were called the form or formula of the province. 
Whatever the general, Avitli the advice of the ten ambassadors, 
determined, used to be pronounced publicly by him before an 
assembly, after silence Avas made by a herald.^^ Hence, infor- 
mulam sociorvm referri, to be enrolled among. ^^ JJibem for- 
muI(B sui juris facere, to hold in dependence or subjection.^'^ In 
antiqui formulam juris restitw\ to be brought into their former 
state of dependence on, &c.^^ 



1 A.Gell. X. 3. 


6 Plin. i-,; 


. 3, 4. civUi, Cic. Flac. 22. 


11 Liv. xlv. 29. 


Cic. 


a Liv.xxiv. 16. 


7 quo.l in 


ceas.im refer- 8 Jiiv.xvi. 5a.Dio.;S8. 1 


. Vvn.\-.]<.'. 




3 (r.c. Doin.dO. 


ri [■otera: 


lit, iitpote res 9 quod ei-.s provicit, i. 


. 12 :Av. xiiv. 16, 




4 Suet. Aug. 40. 


mancini, 


qua; venire e. ante vicit. Fest. 


13 I.iv.xxxvin. a 




5 Heiod. ii, 11. 


emiquB 


lioterant jure 10 JA\. \lv. 17, IS. 


U Liv,xxxli.;;,.xx^ 


iv.26 



60 ROMAN ANTIQUITIES. 

The first country which the Romans reduced into the form of 
a province, was Sicily.^ 

The condition of all the provinces was not the same, nor of 
all the cities in the same province, but diflferent according- to 
their merits towards the Roman people; as they had either 
spontaneously surrendered, or made a long- and obstinate resis- 
tance. Some were allowed the use of their own laws, and to 
choose their own magistrates ; others were not. Some also Avere 
deprived of part of their territory. 

into each province was sent a Roman governor (prases ),^ to 
command the troops in it, and to administer justice; tog-ether 
with a quaestor, to take care of the public money and taxes, and 
to keep an account of what was received and expended in the 
province. The provinces were grievously oppressed with taxes. 
The Romans imposed on the vanquished, either an annual tri- 
bute, which was called census capitis, or deprived them of part 
of their grounds ; and either sent planters thither from the city, 
or restored them to the vanquished, on condition that they 
should give a certain part of the produce to the republic, which 
was called census soli.*^ The former,, i. e. those who paid their 
taxes in money, were called stipendiarii, or tributarii, as Gallia 
comata.^ The latter, vectigales ; who are thought to have been 
in a better condition than the former. But these words are 
sometimes confounded. 

The sum which the Romans annually received from the sti- 
pendiary states was always the same ; but the revenues of the 
vectigales depended on the uncertain produce of the tithes, of 
the taxes on the public pastures,^ and on goods imported and 
exported.^ Sometimes instead of the tenth part, if the province 
was less fertile, the twentieth only was exacted, as from the 
Spaniards.^ Sometimes in cases of necessity, an additional 
tenth part was exacted above what was due ; but then money was 
paid for it to the husbandmen f whence it was called frumentum 
ewptum, also decumanum^ or imperatum.^ 

Asconius in his commentary on Cicero,^" mentions three kinds 
of payment made by the provincials ; the regular or usual tax, 
a voluntary contribution or benevolence, and an extraordinary 
exaction or demand.^^ 

Under the emperors a rule was made out, called canon fru- 
mentarius, in which was comprised what corn each province 
ought yearly to furnish. The corn thus received was laid up 
in public granaries, both at Rome and in the provinces, whence 
it was given out by those who had the care of provisions, to the 

1 Cic. Verr. ii. 1. 6 portorium. 10 Verr. ii. 2. tionis, quod opus es- 

2 Ov. Pont. iv. 7. 3. 7 Liv. xliii. 2. 11 crane genus pensita- set; et indictionis, 

3 Cic. Verr. iii. (i. v. 5. 8 Cic. Vej-r. iii. 31. ti.inis in hoc capite po- quod impeiaretur. _ In 

4 Suet. Jul. 15. 9 Liv. xxxvi. 2. xxxvii. situm est, canonis, which sense indictioia 

5 Hcriptura. 2. 50. xlii. 31 quod deberetur ; obla- used by Pliny, Pan. '£i. 



MUNICIPIA, COLONIC, ET PR.EFECTUR-E. 61 

people and soldiers. Besides a certain sum paid for the public 
pastures, the people of the provinces were obliged to furnish a 
certain number of cattle from their flocks.^ And besides the 
tax paid at the port, as in Sicily, in Asia, and in Britain, they 
also paid a tax for journeys ;^ especially for carrying- a corpse, 
which could not be transported from one place to another with- 
out tile permission of the high priest or of the emperor. But 
this tax was abolished. There was also a tax on iron, silver, 
and gold mines, as in Spain ; on marble in Africa ; on various 
mines in Macedonia, Illyricum, Thrace, Britain, and Sardinia ; 
and also on salt pits, as in Macedonia.^ 

MUNICIPIA, COLONIC, ET PR^FECTUR^. 

MuNiciPiA were foreign towns which obtained the right of Ro- 
man citizens. Of these there w^ere different kinds. Some pos- 
sessed all the rights of Roman citizens, except such as could not 
be enjoyed without residing- at Rome. Others enjoyed the 
right of serving- in the Roman legion,* but had not the right of 
voting and of obtaining- civil offices. 

The Municipia used their own laws and customs, -which were 
called LEGES municipales ; nor were they obliged to receive the 
Roman laws unless they chose it.^ And some chose to remain 
as confederate states,^ rather than become Roman citizens ; as 
the people of Heraclea and Naples.'' 

There were anciently no such free towns except in Italy, but 
afterwards we find them also in the provinces. Thus Pliny 
mentions eight in Boetica, and thirteen in hither Spain.^ 

Colonies were cities or lands which Roman citizens were sent 
to inhabit. They were transplanted commonly by three com- 
missioners,^ sometimes by five, ten, or more. Twenty Avere ap- 
pointed to settle the colony at Capua, by the Julian law.^'' The 
people determined in what manner the lands were to be divided, 
and to whom. The new colony marched to their destined place 
in the form of an army, with colours flying.^^ The lands were 
marked round with a plough, and his own portion assigned to 
every one.^^ All which was done after taking the auspices, and 
offering sacrifices.^^ 

When a city was to be built, the founder, dressed in a Gabi- 
nian garb,^* (i. e. with his toga tucked up, and the lappet of it 
thrown back over the left shoulder, and brought round under 
the right arm to the breast, so that it girded him, and made the 

1 Vopisc. Prob. 15. pere poterant. 9 per triumviros colo- 12 Virg. JEn. i. 425. v- 

2 Cic. Verr. i'. 72. 5 nisi fundi fieri vel- niee deducendse aero- 755. 

Agrar. ii. 2'J. Tac. Agr. lent. que dividundo, Liv. 13 Cic. Phil. ii. 40. 42. 

3U.Suet. Vit U. 6 civitates foederats. viii. Id. 14 Gabino cinctu orna- 

3Liv.xxxiv.2l.xW.29. 7 Cic. Balb. S. 10 Dio xjixviii, 1. tus, v. Gabino culto 

4 raimera inilit.iria ca- 8 Hist. Nal. iii. 2. 11 suU vexilly. iiicinctus, Liv. v. Iti. 



62 ROMAN ANTIQUITIES. 

toga shorter and closer,) yoking- a cow and a bail to the plough, 
the coulter whereof Avas of brass, marked out by a deep furrow 
the whole compass of the city ; and these two animals, with other 
victims, were sacrificed on the altars. All the people or plant- 
ers followed, and turned inwards the clods cut by the plough. 
Where they wanted a gate to be, they took up the plough and 
left a space. Hence porta, a gate.^ And tOAvns are said to have 
been called urbes from being surrounded by the plough.'^ The 
form of founding cities among the Greeks is described by Pau- 
sanias, v. 27, who says that the first city built was Lycosura in 
Arcadia, viii. 3S. 

When a city was solemnly destroyed, the plough was also 
draw n along ^ where the walls had stood.* We read in the sa- 
cred writings of s;ilt being sown on the ground where cities had 
stood.^ The Avails of cities were looked upon by the ancients 
as sacred, but not the gates.^ The gates, however, were reck- 
oned inviolable.'' 

A space of ground Avas left free from buildings both Avithin 
and Avithout the Avails, which Avas called pomcerium,^ and Avas 
likewise held saci'ed.^ Sometimes put only for the open space 
Avithout the Avalls.^^ When the city Avas enlarged, the poma:- 
? ^^<;7^ also Avas extended.^^ These cex-emonies used in building- 
cities are said to have been borrowed from the Hetrurians.^"^ 

It Avas unlaAvful to plant a new colony Avhere one h;id been 
planted before ; ^^ but supplies might be sent. The colonies so- 
lemnly kept the anniversary of their first settlement.^* Some 
colonies consisted of lioman citizens only, seme of Latins, and. 
others of Italians.^^ Hence their rights Avere different. l:!;ome 
think that the Roman colonies enjoyed all the rights of citizens, 
as they are often called Roman citizens, and Avcre once enrolled 
in the censor's books at Rome.^^ But most are of opinion, that 
the colonies had not the right of voting, nor of bearing offices 
at Rome.^^ The rights of Latin colonies Avere more limited; 
so that Roman citizens Avho gave their names to a Latin colony, 
suffered a diminution of rank.^^ The Italian colonies were iu 
a still worse condition. The difference consisted chiefly in 
their different immunity from taxes. 

Sylln, to rcAvard his veterans, first introduced the custom of 
settling MILITARY COLONIES, Avliicli Avas imitated by Julius Cassar, 
Augustus, and others. To those colonies whole legions Avere 
sent, Avith their officers, their tribunes, and centurions ; but this 



1 a pnrtaiulo aratiuni . 


fuit, Ov. Her. i. 53. 


9 Uv. i. 44. 


Cic. Att. iv, 1. Sext. 


% ab urbe, vel ab urvo. 


5 Judg.ix.45.Mic. ill. 


10 Flor. i.9. 


t;3. 


i. c. buri, sive aratri 


12. 


11 hi consecrati finps 


15 Liv. xxxU.6.3. 


curvatuia, Varr. Lat. 


6 Plut. Quaest. 26. 


proferebantur, Liv. ib. 


IG Id. xxix.37. 


L. iv. 2 Fcst. 


7 saiictJB. 


l.-i ibid. 


17 Bio. xliii,3t), 50. 


inducebatur. 


8 i. e. locus ch'ca niii- 


13 Cic. Piiil. ii. 40, 


IS Cic Ge;c. ii. Do.ai, 


i Hor.Od. i. 16. licnce 


runi, vel post murum 


14 ditiiii natalciii colo- 


30. 


tt SRges est, ubi Tnija 


intus ft extra. 


11136 relitjios'-' folcbaut, 





MUNICIPIA, COLONICS, ET PR TSFECTURA;. 63 

custom afterwards fell into disuse.^ For the sake of distinction 
the other colonies Avere called civiles, plebei/e, or togat.e, be- 
cause they consisted of citizens, or, as they v.ere afterwards 
named, pagani, or privati, who were opposed to soldiers.^ 

The colonies differed from the free towns in this, that they 
used the laws prescribed them by the Romans, but they had al- 
most the same kind of magistrates. Their two chief magistrates 
were called duumviri, and their senators decuriones; because, 
as some say, when the colony Avas first planted, every tenth man 
was made a senator. The fortune requisite to be chosen a decu- 
rio, under the emperors, Avas a hundred thousand sestertii.^ 

The senate, or general council of Grecian cities, under the 
Roman empire, Avas called bule ; its members, buleut.e ; the 
place Avhere it met at Syracuse, buleuterium ; an assembly of 
the people, ecclesia.* In some cities those Avho Avere chosen 
into the senate by their censors, paid a certain sum for their ad- 
missicn,^ and that even although chosen contrary to their oAvn 
inclinations. In Bithynia, they Avere subjected to regulations 
Avith respect to the choice of senators, similar to those at Rome,^ 
An act passed by the senate or people Avas called psephisma.'' 
It Avas there customary, upon a person's taking the manly robe, 
solemnizing his marriage, entering upon the otiice of a magi- 
strate, or dedicating- any public Avork, to inA^te the Avhole se- 
nate, together with a considerable part of the commonalty, to 
the number of a thousand or more, and to distribute to each of 
the company a dole ^ of one or tAvo denarii. This as haAdng 
the appearance of an ambitious largess,^ Avas disapproved of by 
Trajan.^" Each colony had commonly a patron, Avho took care 
of their interests at Rorae.^^ 

Pr^fectur.e Avere toAvns to Avhich prefects were annually 
sent from Rome, to administer justice ; chosen partly by the 
people, and partly by the prator.^^ To\vns Avere reduced to 
this form, Avhich had been ungrateful to the Romans ; as Cala- 
tia, Capua,^^ and others. They neither enjoyed the rights of 
free to\A ns nor of colonies, and differed little from the form of 
provinces. Their private right depended on the edicts of their 
praefects, and their public right on the Roman senate, Avho im- 
posed on them t^.xes and service in Avar at pleasure, Some 
prcBfecturcB, hoAvevex-, possessed greater privileges than others. 

Places in the country, or towns Avhere markets Avere held, 
and justice administered, Avere called fora; v,& furum aurelium, 
forum Appii,^^ forum Cornelii, Julii, Livii, &c. Places Avhere 
assemblies were held, and justice administered, Avere called con- 

J Tac. Ann. xiv. 72. A'err. ii. 21. Plin. Ep. 7 Id: x. 52, 53. ]2 Frst. 

a. see p. r>^. X. 3. 8 sportulu. IS i^'v. i. 3S. Diony. 

3 ri'm. K.p. i. 19 5 hoiioraiium decurio- 9 diaiiome. V.\ Ml. Liv. xxvi. lo. 

l;?o,.Xv, consilium, rrni. natus. Id. lU. 10 Plin. Kp.x. 117, US. ] ! Cio Ctt. i. 9. Att. 

I: p. X. So. 115. Cic. 6ld. 83. 115. II Diiiiy. ii. U ii. .0. 

1^ 2 



64 



ROMAN ANTIQUITIES. 



ciLiABULA.^ All other cities wliich were neither municipia, co- 
loni(e, nov prcefecUircB, were called Confederate States.^ These 
were quite free, unless that they owed the Romans certain 
things, according- to treaty. Such was Capua, before it revolted 
to Hannibal. Such were also Tarentum, Naples, Tibur, and 
Fraeneste. 

FOREIGNERS. 

All those who were not citizens were called by the ancient Ro- 
mans, foreigners (peregrini), wherever they lived, whether in 
the city or elsewhere. But after Caracalla granted the freedom 
of the city to all freeborn men in the Roman world, and Justi- 
nian some time after granted it also to freedmen, the name of 
foreigners fell into disuse; and the inhabitants of the whole 
world were divided into Romans and Barbarians. The whole 
Roman empire itself was called Romania, wliich name is still 
given to Thrace, as being- the last province which was retained 
by the Romans, ahnost until the taking- of Constantinople by 
the Turks, A. D. 1453. 

While Rome was free, the condition of foreigners was very 
disagreeable. They might, indeed, live in the city, but they 
enjoyed none of the privileges of citizens. They were also sub- 
ject to a particular jurisdiction, and sometimes were expelled 
from the city at the pleasure of the magistrates. Thus M. Ju- 
nius Pennus, A. U. 627. and C. Papius Celsus, A. U. 688, both 
tribunes of the people, passed a law, ordering foreigners to leave 
the city. Augustus did the same. But afterwards an immense 
number of foreigners flocked to Rome from all parts, "^ so that 
the greatest part of the common people consisted of them ; 
hence Rome is said to be mundi fixce repletaJ^ 

Foreigners were neither permitted to use the Roman dress, ^ 
nor had they the right of legal property, or of making a will. 
When a foreigner died, his goods were either reduced into the 
treasury, as having no heir,^ or if he had attached himself^ to 
any person, as a patron, that person succeeded to his effects 
JURE applicationis, as it Avas called.^ 

But in process of time these inconveniences were removed, 
and foi'eigners were not only advanced to the highest honours 
in the state, but some of them even made emperors. 

ASSEMBLIES OF THE PEOPLE. 
An assembly of the whole Roman people to give their vote 

1 Liv. xl. 37. 8. Suet. Aug. 42. Juv. 4 filled with the scum of 6 c|uasi bona vacantia, 

2 oivitatps toL'derala;. Sat. iii. 58. Sen. ad tlie earth, Luc. vii. 405. 7 se applicuisset. 

3 Cic. Oft, iii. II. Brut. Helv. c. 8. 5 Suet. Claud, ib. 8 Cic. Or. i. 39. 



COIIITIA CURIATA. 65 

al30ut any thing*, was called comitia.^ Wlien a part of the peo- 
ple only was assembled, it was called concilium ; but these >vords 
Avere not always distinguished.^ 

In the Comitia, every thing- which came under the power of 
the people was transacted ; magistrates were elected, and laws 
passed, particularly concei'ning the declaration of war, and the 
making of peace. Persons guilty of certain crimes were also 
tried in the Comitia.^ The Comitia were always summoned 
by some magistrate, who presided in them, and directed every 
thing which came before them ; and he was then said, haberh 
COMITIA. When he laid any thing before the people, he was 
said, AGERE CUM popuLO.* As the votes of all the people could 
not be taken together, they were divided into parts. 

There were three kinds of Comitia : the Cwriata, instituted 
by Romulus ; the Centuriata^ instituted by Servius TuUius, the 
sixth king of Rome ; and the Tributa, said to have been first 
introduced by the tribunes of the people at the trial of Corio- 
lanus, A. U. 263. 

The Comitia Curiata and Centuriata could not be held with- 
out taking the auspices,^ nor without the authority of the se- 
nate, but the Trihuta might.'' The days on which the Comitia 
could be held were called dies comitiales.^ As in the senate, 
so in the Comitia, nothing could be done before the rising nor 
after the setting of the sun.^ 

The Comitia for creating magistrates were usually held in 
the Campus Martins; but for making laws, and for holding 
trials, sometimes also in the forum, and sometimes in the capitol. 

COMITIA CURIATA. 

In the Comitia Curiata, the people gave their votes, divided 
into thirty curias;*-^ and what a majority of them, namely six- 
teen, determined, was said to be the order of the people. At 
first there were no other Comitia but the Curiata, and therefore 
every thing of importance was determined in them. 

The Comitia Curiata were held, first by the kings, and after- 
w^irds by the consuls and the other greater magistrates ; that is, 
they presided at them, and nothing could be brought before the 
people but by them. They met in a part of the forum called 
the coMiTiuM, where the pulpit or tribunal ^^ stood, whence the 
orators used to harangue the people. It was afterwards called 
ROSTRA, because it was adorned with the beaks of the ships 

8 Dlo. xxxix. fill. jiuli apud Graces s-i. 

9 ita dicije rjuod iis re- jubendum vel vetan- 
rum publicaruin cura duiii quod e rcpublia 
tommissu sit, ii-est. vel censeret esse, 
potius a Ki'pia, sc. EK- 10 iiigsestuni. 
«X';t'";a, conventus fo- 

3 



1 a cocundo vel come- 


5 nisi au5|>icato. 


Ullflo. 


6 Dony. i-c.41.49. 


2 A. Gell. XV. 27. Liv. 


7 i. e. quibus cum po- 


vl. 20. 


puloagerelicebat, Liv 


3 ;^.,Wb. vi. 12. 


iii. ll.Cic.Q.Fr. \.t 


i Uell. xiii, li. 


Macrob. Si.t. 1.16. 



^^ ROMAN ANTIQUITIES. 

taken from the Antiates, and also Templum, because consecrated 
by the augurs ; which was its usual name before the Antiateb 
were subdued.^ The Comitium was first covered the year that 
Hannibal came into Italy.^ Afterwards it was adorned with 
pillars, statues, and paintings. 

Those citizens only had a right to vote at the Comitia Cu- 
riata, who lived in the city, and were included in some curia or 
parish. The curia which voted first was called principium.^ 

After the institution of the Comitia Centuriata and Tributa, 
the Comitia Curiata were more rarely assembled, and that only 
for passing- certain laws, and for the creation of the Curio Max- 
imus, and of the Flamines,* Each curia seems to have chosen 
its own curio ; called also magister curiae.^ 

A law made by the people divided into curiee was called lex 
curiata. Of these, the chief we read of, were, 

1. The law by which military command ^ was conferred on 
magistrates.'^ Without this, they were not allowed to meddle 
Avith military affairs,^ to command an army, or carry on war ; '' 
but only had a civil povver,^'' or the right of administering jus- 
tice. Hence the Comitia Cui'iata were said rem rmliiarem con- 
tinere}^ and the people, to give sentence twice,^- concerning 
their magistrates.^'^ But in after times this law seems to have 
been passed only for form's sake, by the suffrage of the thirty 
lictors or Serjeants, who formerly used to summon the curite, 
and attend on them at the Comitia.^* 

2. The law about recalling Camillus from banishment.^^ 

3. That form of adoption called arrogatio^^ was made at the 
Comitia Curiata, because no one could change his state or sacra 
without the order of the people.^'' 

4. Testaments were anciently made at these Comitia ; and 
because in time of peace they were summoned ^^ by a lictor 
twice a year for this purpose ; hence they were also called co- 
mitia CALATA, which name is likewise sometimes applied to the 
Comitia Centuriata, because they were assembled by a Cor- 
nicen, who was also called ClassicusP 

5. What was called detestatio sacrorum, was also made here : 
as when it was denounced to an heir or legatee that he must 
adopt the sacred rites which followed the inheritance.^" Whence 
an inheritance without this requisite is called by Plautus hcsre- 
ditas sine sacris.^^ 

1 Liv. viii. 14. & 35. ii. 9 Cic. Phil. v. 16. Ep. vetustatis, per tiiginta 19 quorl classes comitiis 
5B. Fam. i. 9. lictores auspiciorum ad oomitatuiu vooabat, 

2 Liv. xxvii. 38. 10 polestas. rausa adumbratis, cap. A. Gell. xv. 27. Varr. 

3 Liv. ix. 38. 11 Liv. V. 52. 12. L. L. iv. 16. 

4 Liv. xxvii. 8. A. Gell. 12 bis senteutiam ferre, 15 Liv. v. 46. 20 Cic. Legg. ii. 9. 
XV. 27. V. binis comitiis judi- 16 see p. 42, 43. 21 Captiv. iv. ]. cum 

r> Plaut. AuL ii. 2, 3. care. 17 Cic. Sext. Doin. 15. aliquid obverierit sine 

6 imperium. 13 Cic. Leg. Agr. ii.ll. &o. Suet. Aug. 65. aliqua inconunDda ap. 



7Liv. ix. 38. 14 Cic. ibid, populi siif- Dio. xxxvii. 51. pcndice, Fcst. 

B rem militarem attin- fragiis, ad speciem at- 18 calata, i. e, corivo- 
gere. que ad usurpationem cata. 



COATITIA CENTURIATA. 67 



COMITIA CENTURIATA AND CENSUS, 

The principal Comltia were the Centuiiata, called also majorat 
in which the people, divided into the centuries of their classes, 
gave their votes; and Avhat a majority of centuries decreed^ 
Avas considered as finally determined.^ These Comitia were 
held according to the census instituted by Servius Tullius. 

The CENSUS was a numbering of the people, with a valuation 
of their fortunes,* To ascertain the number of the people, and 
the fortunes of each individual, Sernus ordained that all the 
Roman citizens, both in town and country, should upon oath 
take an estimate of their fortunes,^ and publicly declare that 
estimate to him ; ^ that they shoidd also tell the place of their 
abode, the names of their wives and children, and their own 
age and that of their children, and the number of their slaves 
and freedmen : that if any did otherAvise, their goods should be 
confiscated, and themselves scourged and sold for slaves, as per- 
sons who had deemed themselves unworthy of liberty.' He 
likewise appointed a festival, called paganalia, to be held every 
year in each pagus or village, to their tutelary gods, at which 
time the peasants should every one pay into the hands of him 
Avho presided at the sacrifices a piece of money ; the men a 
piece of one kind, the Avomen of another, and the children of a 
third sort.^ 

Then, according to the valuation of their estates, he divided 
all the citizens into six classes, and each class into a certain 
number of centuries. The division by centuries, or hundreds, 
prevailed every where at Rome ; or rather by tens, from the 
number of fingers on both hands.^ The infantry and cavalry, 
the curias and tribes, were divided in this manner ; and so even 
the land : hence centenarius ager.^'^ At first a century con- 
tained a hundred ; but not so afterwards. Thus the number of 
men in the centuries of the difterent classes was, without doubt, 
very difl^erent. 

The first class consisted of those whose estates in lands and 
efi^ects were worth at least 100,000 asses, or pounds of brass ; or 
10,000 drachrnds according to the Greek Avay of computing ; 
which sum is commonly reckoned equal to 32'2,L \Ss, 4c?. of our 
money : but if Ave suppose each pound of brass to contain 24 
asses, as Avas the case afterwards, it will amount to 7,1501. 

This first class Avas subdivided into eighty centuries or com- 
panies of foot, forty of young nien,^^ that is, from seventeen to 
forty-six years of age,^^ Avho Avere obliged to take the field,^""' 

1 Cic. post red. in Se- 4 restimatio, airoT-i^Tjatf. abjudicassent, Cic. 11 juniorum. 

nat. 2. 5 bona sua jurat! cense- Caec. 34. I'i Cic. Sen. 17. A. 

2 quod plures centurise rent, i. e. eestiraarent. 8 Diony. iv. 5J. Gell. x. aS. 
jussissent. 6 apud seprotiterentur. 9 Ov. F. iii. 123, &c. 13 ut foris bella gere- 

^ pro ralo habcbalur. / qui sibi libertateni 10 Ov. ibid. & Fcst, rent. 



68 ROMAN ANTIQUITIES. 

and forty of old men,^ who should guard the city.- To these were 
added eighteen centuries of equites, who fought on horseback : 
in all ninety-eight centuries. 

The second class consisted of twenty centuries ; ten of young 
men, and ten of old, Avhose estates were worth at least 75,000 
asses. To these were added two centuries of artificers,^ carpen- 
ters, smiths, &c. to manage the engines of war. These Livy 
joins to the first class. It is hardly to be imagined that those 
artificers were composed of the members of either the first or 
the second class, but of their servants or dependents ; for not 
only the mechanic arts, but likewise every kind of trade was 
esteemed dishonourable among the ancient Romans. 

The third class was also divided into twenty centuries; their 
estate was 50,000 asses. 

The fourth class likewise contained twenty centuries ; their 
estate was 25,000 asses. To these Dionysius adds two centu- 
ries of trumpeters, vii. 59. 

The fifth class was divided into thirty centuries ; their estate 
was 11,000 asses, but according to Dionysius, 12,500. Among 
these, according to Livy, were included the trumpeters, and 
corneters, or blowers of the horn, distributed into three centu- 
ries, whom Dionysius joins as two distinct centuries to the fourth 
clas?. 

The sixth class comprehended all those who either had no 
estates, or were not worth so much as those of the fifth class. 
The number of them was so great as to exceed that of any of 
the other classes, yet they were reckoned but as one century. 

Thus the number of centuries in all the classes was, accord- 
ing to Livy, 19 L; and according to Dionysius, 193. Some 
make the number of Livy to amount to 194, by supposing ihat 
the trumpeters, &c. were not included in the thirty centuries of 
the fifth class, but formed three distinct centuries by themselves. 

Each class had arms peculiar to itself, and a certain place in 
the army, according to the valuation of their fortunes. 

By this arrangement the chief power was vested in the rich- 
est citizens, wlio composed the first class, which, although least 
in number, consisted of more centuries than all the rest put to- 
gether; but they likewise bore the charges of peace and war* 
in proportion.^ For, as the votes at the Comitia, so likewise 
the quota of soldiers and taxes, depended on the number of cen- 
turies. Accordingly, the first class, which consisted of ninety- 
eight, or, according to Livy, of one hundred centuries, furnished 
more men and money to the public service, than all the rest of 
the state besides. Lut they had likewise the chief influence in 
the assemblies of the people by centuries. For the equites and 



1 senionim. prrK^to esscnt. 'I munia pin-is ct belli. 

2 i\d urbis cusWhm rg 3 fabrum. S J-iv. i. 4-2. 



COMITIA CENTURIATA. 69 

the centuries of this class were called first to give their votes, 
and if they were unanimous, the matter was determined ; but if 
not, then the centuries of the next class were called, and so on, 
till a majority of centuries had voted the same thing. And it 
hardly ever happened that they came to the lowest.^ 

In after times some alteration was made, as is commonly sup- 
posed, in favour of the plebeians, by including- the centuries in 
the tribes ; whence mention is often made of tribes in the Co- 
mitia Centuriata.^ In consequence of which, it is probable that 
the number of centuries as well as of tribes was increased.^ 
But when or how this was done is not sufficiently ascertained, 
only it appears to have taken place before the year of the 
city 358.^ 

Those of the first class were called classici, all the rest were 
said to be infra classem. Hence classici auccores, for the most 
approved authors.^ 

Those of the lowest class who had no fortune at all were 
called CAPiTE censi, rated by the head ; and those ^vlio had be- 
low a certain valuation, proletarii ; whence sermo jproletarius^ 
for vilis, loAV.^ This properly was not reckoned a class ; whence 
sometimes only five classes are mentioned. So quint(B classis 
videntur, of the lowest.' 

This revicAV of the people Avas made ^ at the end of every five 
years, first by the kings, then by the consuls, but after the year 
310, by the censors, who were magistrates created for that very 
purpose. We do not find, however, that the census was always 
held at certain intervals of time. Sometimes it was omitted 
altogether.^ 

After the census was finished, an expiatory or purifying sa- 
crifice ^^ was made, consisting of a sow, a sheep, and a bull, 
which Avere carried round the whole assembly, and then slain ; 
and thus the people Avere said to be purified.^^ Hence also lics- 
trare signifies to go round, to survey ; and circumferre, to puri- 
fy .^^ This sacrifice. Avas called suovetaurilia or solitaurilia, 
and he Avho performed it Avas said condere lustrum. It Avas 
called lustrum a lutndo, i. e. solvendo, because at that time all 
the taxes Avere paid by the farmers-general to the censors.^' 
And because this was done at the end of every fifth year, hence 
LUSTRUM is often put for the space of five years ; especially b> 
the poets, by Avhom it is sometimes confounded Avith the Greek. 
Olympiad, which Avas only four years.^^ It is also used for anj 
period of time. ^^ 



1 Liv. u43.Diony. vii. 


8. 


9 Cic. Arch. 5. 


229. 


59. 


6 Gell. xvi. 10. Plaut. 


10 sacriJicium lustrale. 


13 A'^ar. L L. v. 2. 


2 Liv. V. 18. Glc. Rull. 


MiL Olor. iii. 1, 157. 


11 lustrari. 


14 Hor.Od. iL'1.21. iv. 


ii. 2. Plane. 20. 


7 Liv. iii. 30. Cic. Acad. 


12 Virg. Eel. X. 55. 


l.e.Ov.Pont. .v.6.5. 


3 Cic. Phil. ii. 82. 


iv. 23. 


/En. viii. 231. 3c. 22J. 


Mart. iv. 45. 


4 Liv. V. 18. 


8 census habitus, v. ac- 


Plaut. Am ph. ii. 2. 


15 Plm. U. 43. 


^ A, Cell. vii. 13. xlx. 


tus est. 


1 11. \ irg. Ma. vi. 





^0 ROMAN ANTIQUITIES. 

The census anciently was held in the forum, but after the 
year of the city 320, in the villa publica, which was a place in 
the Campus Martius, fitted up for public uses ; for the reception 
of foreign ambassadors, &c.^ The purifying sacrifice was al- 
Avays made ^ in the Campus Martius.^ The census was some- 
times held without the lustrum being performed,^ 

]. CAUSES OF ASSEMBLING THE COMITIA CENTURIATA. 

The COMITIA centuriata were held for creating magistrates, 
for passing laws, and for trials. 

In these Comitia were created the consuls, prastors, censors, 
and sometimes a proconsul,^ also the decemviri, military tri- 
bunes, and one priest, namely, the rex sacrorum. Almost all 
laws were passed in them which were proposed by the greater 
magistrates, and one kind of trial was held there, namely, for 
high treason, or any crime against the state, which was call- 
ed JUDICIUM PERDUELLioNis ; as Avheii any one aimed at sove- 
reignty, which was called crimen regni, or had treated a citizen 
as an enemy.** War was also declared at these Comitia.^ 

2. MAGISTRATES WHO PRESIDED AT THE COMITIA CENTURIATA ; PLACE 
WHERE THEY WERE HELD ; MANNER OF SUMMONING THEM ; AND 
PERSONS WHO HAD A RIGHT TO VOTE AT THEM. 

The Comitia Centuriata could be held only by the superior 
magistrates, i. e, the consuls, the prsetor, and dictator, and in- 
ttrrex : but the last could only hold the Comitia for creating 
magistrates, and not for passing laws. 

The censors assembled the people by centuries ; but this as- 
sembly was not properly called Comitia, as it was not to vote 
about any thing. The praetors could not hold the Comitia if 
the consuls were present, without their permission ; but they 
might in their absence,^ especially the praetor urbanus ; and, as 
in the instance last quoted, without the authority of the senate. 

The consuls held the Comitia for creating the consuls, and 
also for creating the praetors ; (for the pra?tors could not hold 
the Comitia for creating their successors,) and for creating the 
censors.^ The consuls determined which of theui should hold 
these Comitia, either by lot or by agreement. ^'^ 

The Comitia for creating the first consuls were held by (he 
prsefect of the city, Spurius Lucretius, who vk^as also interrex}^ 

When a rex sacrorum was to be created, the Comitia are 
thought to have been held by the pontifex maximus. But this 
is not quite certain. 

3 Liv. iv. 22. xxxiil. 9. 22. _ 7 Liv.xxxi.6,7.xlil.3('. 10 sorte vel consensu; 

Varr. Rust, iii.2. Luc, 4 Liv. iii, 22. 8 Liv. xxvii. 5. xliii.l6. sortiebantui- v.-I coni- 

ii. )D6. 5 Liv. xxvi. 18. xlv. 21. parabant, Liv. passin . 

2 li'.si.-um conditiiinest. 6 Liv. vi. 20. Cic. Verr. 9 Cio. Att. ix. 9. Liv. U Liv. i. 60 Dioiij . iv 

3 Liv. i. 4J. Dioiiy. iv. i. 5. -vii. 22. Cic. Att. iv. 2. 84. 



COMITIA CEXTURIATA. 71 

Tlie person presiding in the Comitia had so great influence, 
that he is sometimes said to have himself created the magistrates 
who were elected.^ 

When, from contention between the patricians and plebeians, 
or between the magistrates, or from any other cause, the Co- 
mitia for electing magistrates could not be held in due time, 
and not before the end of the year, the patricians met and 
named ^ an interrex out of their own number, who commanded 
only for five days ; ^ and in the same manner different persons 
were always cieated every five days, till consuls were elected, 
who entered immediately on their office. The Comitia were 
hardly ever held by the first interrex: sometimes by the second, 
sometimes by the third, and sometimes not till the eleventh. 
In the absence of the consuls, a dictator Avas sometimes created 
to hold the Comitia.* 

The Comitia Centuriata were always held without the city, 
usually in the Campus Martins : because anciently the people 
went armed in martial order ^ to hold these assemblies; and it 
was unlawful for an army to be marshalled in the city.'' But in 
latter times, a body of soldiers only kept guard on the Janicu- 
lum, where an imperial standard was erected,^ the taking down 
of which denoted the conclusion of the Comitia.^ 

The Comitia Centuriata were usually assembled by an edict. 
It behoved them to be summoned ^ at least seventeen days be- 
fore they were held, that the people might have time to weigh 
Avith therr;slves Avhat they should determine at the Comitia. 
This space of tiine was called trinundinum, or trinum nundinum, 
i. e. tres nundin(E^ three market-days, because the people from 
the country came to Rome every ninth day to buy and sell their 
commodities.^" But the Comitia Avere not held on the market- 
days,^^ because they Avere ranked among \heferi(B or holy-days, 
on Avhich no business could be done Avith the people.^- This, 
however, was not always observed.^^ 

But the Comitia for creating magistrates Avere sometimes sum- 
moned against the first lawful day.^^ All those might be present 
at the Comitia Centuriata Avho had the full right of Roman citi- 
zens, Avhether they liAed at Rome or in the country. 

3. CANDIDATES. 

Those who sought preferments Avei'e called candidati, from a 

1 Liv. i. 60. ii. 2. iii. 5 sub si^is. rtiie die celebrate: in- plebs nisti.a avorare- 
.J4. ix. 7. 6 Liv. xxxix. IS. Gell. termed. is sept-m die- tur, lest tiiey should lie 

2 sine suflFragio pnpull xv. a?. bus occnpabantur ruri, called ott from their 
auspicato prodebant. 7 yexillum pDsitum Diony. ii. 28. rii. 5S. ordinary business of 

3 Cic. UoM). 14. Asc. erat. reliquis seitem rura buying and scUinj;, 
Cic. Liv. ix. 3'. 8 Dio. xxxvii. 57, 23. colt>bant. Van. Rust. Piin. xviii. 0. 

4 Liv. ix. 7. X. 11. V. 9 edici v. indici. praf. 11. 13 Cic. Att. i, 11. 

31. vii. 21, 2:^. vili. i;.;. 10 Lir. iii. 35. nundinae ll.nundinis. 14 in priinum coniitii>« 

IX. 7.XXV.2. a Kom;inis nono quo- 13 .MttCioo, i. 16. ne leia liiem, Liy. xsiv. ?• 



72 ROMAN ANTIQUITIES. 

nhite robe^ worn by them, which was rendered shining^ by 
the art of the fuller ; for all the wealthy Romans wore a gown 
naturally white.^ This, however, was anciently forbidden by 
law.^ 

The candidates did not wear tunics or waistcoats, either that 
they might appear more humble, or might more easily show the 
scars they had received on the breast or fore part of their body.^ 

In the latter ages of the republic, no one could stand candi- 
date who was not present, and did not declare himself within 
the legal days ; that is, before the Comitia were summoned,*^ and 
Avhose name was not received by the magistrates : for they 
might refuse to admit any one they pleased,^ but not without 
assigning a just cause.^ The opposition of the consuls, however, 
might be overruled by the senate.^ 

For a long time before the time of election, the candidates 
endeavoured to gain the favour of the people by every popular 
art ; ^" by going round their houses,^^ by shaking hands with 
those they raet,^^ by addressing them in a kindly manner, and 
naming them, &c. ; on which account they commonly had along 
with them a monitor or nomenclator, who whispei'ed in their 
ears every body's name.^"^ Hence Cicero calls candidates natia 
qfficiosissima.^^ On the market-days they used anciently to 
come into the assembly of the people, and take their station on 
a rising ground,^^ whence they might be seen by all.^" When 
they went down to the Campus Martius at certain times, they 
were attended by their friends and dependents, who were called 
DEDuCTOREs.^^ They had likewise persons to divide money 
among tlie people. ^^ For this, although forbidden by law, was 
often done openly, and once against Caesar, even with the ap- 
probation of Cato.^^ There were also persons to bargain with 
the people for their votes, called interpretes, and others in 
whose hands the money promised was deposited, called seques- 
TREs.^" Sometimes the candidates formed combinations to dis- 
appoint ^^ the other competitors^'^. 

Those who opposed any candidate, were said ei refragari, and 
those who favoured him, suffragari vel suffragatores esse: hence 
suffragatio, their interest. ^"^ Those who got one to be elected, 
were said ei pr^sturam gratia campestri capert-^ or eum tra- 
iler eP Those who iiiudered one from being elected, were said 
a consulatu repellere,-^ 

t toga Candida. Fam. xvi. 12. 14 Pis. 23. 22 Cic. Att. ii. 18. Liv. 

2 candens vel Candida. 7 nomen accipere, vel 15 in colle consistere. iii. 35. 

3 toga alba. rationem ejus habere. 16 Macrob. Sat. i. Ifj. 23 Liv. x. 13. 

4 ne cui album, i. e. 8 Liv. v. 3. 15. xxiv. 7, 17 Cic. de pet. cons. 9. 24 Liv. vii. 1. 
cretam, in vestimen- 8. Val. Max. iii. 8» 3. IS divisores, Cic. Att. 25 thus pervicit Appius, 
turn addere, petitionis Veil. ii. 1)2. i. 17. Suet. Aug. 3. ut, dejecto Fabiu, fia- 
oausa liceret, Liv. iv. 9 Liv. iii. 21. la Suet. Jul, I'J. trem traheret, Liv- 
25. 19 Cic. Att. i. 1. 20 Cic. Act. Verr. i. 8. xxxix. 32. 

Sadversocorpore, Plut. 11 anibiendo. 12. 26 Cic. Cat. i, 10. 

Coriol. 12 prensando. 21 coiliones dejice- 

6 SaU. Cat. iS> Cic. 13 Hor. Ep. i.6.50,5ic, ie.T.. 



COMITIA CENTURIATA. 73 

4. MANNER OF PROPOSING A LAW, AND OF NAMING A DAY 
FOR one's TRIAL. 

When a law was to be passed at the Comitia Centuriata, the 
"magistrate who was to propose it/ having- consulted with his 
friends and other prudent men, whether it was for the advan- 
tage of the republic, and agreeable to the customs of their an- 
cestors, wrote it over at home ; and then, having communicated 
it to the senate, by their authority ^ he promulgated it ; that is, 
he pasted it up in public,^ for three market-days, that so the 
people might have an opportunity of reading and considering 
it.'* In the mean time he himself^ and some eloquent friend, 
who was called auctor legis^ or suasor, every market-day read 
it over,^ and recommended it to the people,^ while others who 
disapproved it, spoke against it.^ But in ancient times all 
these formalities were not observed : thus we find a law passed 
the day after it was proposed.^ Sometimes the person who 
proposed the law, if he did it by the authority of the senate, 
and not according to his own opinion, spoke against it.^*^ 

In the same manner, when one was to be tried for treason,^^ 
it behoved the accusation to be published for the same space of 
iirae,^^ and the day fixed when the trial was to be.^^ In the 
mean time the person accused ^^ changed his dress, laid aside 
every kind of ornament, let his hair and beard grow,^^ and in 
this mean garb,^^ went round and solicited the favour of the 
people. ^'^ His nearest relations and friends also did the same.^^ 
This kind of trial was generally capital, but not always so.^^ 

5. manner of taking the auspices. 

On the day of the Comitia, he who was to preside at theni,~° 
attended by one of the augurs,^^ pitched a tent ^^ without t!ie 
city to observe the omens. ^^ These Cicero calls augusta cen- 
TURiARUM AuspiciA.^* Hcncc the Campus Martius is said to be 
consularibus auspiciis consecratus^ and the Comitia themselves 
were called auspicata.^^ 

If the tabernaculum, which perhaps was the same with tern- 
plum or aix, the place wliich they chose to make their observa- 
tions,-^ had not been taken in due form,^^ Avhatever was done at 
the Comitia was reckoned of no efFect."'^^ Hence the usual de- 

1 laturus V. rogaturus. 9 Liv. iv. 24. cium futurmii sit, Cic, 23 tabernaculum cepit. 

2 ex senatus coiisulto. 10 Cic. Att. i. 14. 14 reus. 23 adauspicia captanda, 

3 publice v. in publico 11 cum dies perduelli- 15 proniittebat. vel ad auspicanduui. 
proponebat: promul- onis dicta est, cum ac- Hi sordidatus. 21 Mil. 16. 

gabat, quasi pro vulga- tio perduellionis inten- 17 homines prensabat. 25 Cic. Cat. iv. 1. Liv. 

bat, Fest, debatur, Cic. vel cum 18 Liv. passim. xxvi. 2. 

4 Cic. Verr. V. 69. aliquis capitis v. -te 19 Liv. vi. '211. xliii. 16. 26 ad inaugurandum, 

5 legislator vel iuven- anquireretur, Liv. Cic. IDom. 32. see Lex Liv. i. 6. s. 7 IS. 

tor legis, Liv. ii. C6. 12 promulgatur rogatio Porcia. 27 parum recte captuni 

6 recitabat. de mea pernicie, Cic. 20 qui iis priefuturus esset. 

7 suadebat. Sext. 20. erat. 23 pro u-ritu Labcbatur, 

8 dissuadebant. 13 prodita die, qua judi- 21 angure idiiibito. Liv. iv, 7. 

a 



74 ROMAS AMTIyUITIES. 

claration of the augurs ; ^ vitio tabernaculup.i captum ; vitio 

MAGISTRATUS CREATOS Vel VITIOSOS ; VITIO LEGEM LATAM ; VITIO 

DIEM DiCTAM.^ Aiid SO scvupulous wei'o tile ancient Romans 
about this matter, that if the augurs, at any time afterwards, 
upon recollection, declared that there had been any informality 
in taking- the auspices,^ the magistrates were obliged to resign 
their office, (as having been irregularly chosen)^ even several 
months after they had entered upon it.-^ When there was no- 
thing wrong in the auspices, the magistrates were said to be 
sALvis Auspiciis creati.^ VVtien the consul asked the augur to 
attend him,'^ he said, q. fabi, te mihi in auspicio esse volo. The 
augur replied, audivi.^ 

There were two kinds of auspices which pertained to the Co- 
mitia Centuriata. The one was observing the appearances of 
the heavens,*^ as lightning, thunder, &c. which was chiefly at- 
tended to. The other was the inspection of birds. Those birds 
which gave omens by flight, were called pr.epetes ; by singing, 
osciNEs ; hence the phrase, si avis occinuerit}^ When the omens 
were favoui*able, the birds were said addicere vel admittere ; 
when unfavourable, abdicere, non addicere, vel refragari. 

Omens were also taken from the feeding of chickens. The 
person who kept them was called pullarius. If they came too 
slowly out of the cage,^^ or would not feed, it was a bad omen ;^' 
but if they fed greedily, so that something fell from their mouth, 
and struck the ground,^^ it was hence called tripudium solisti- 
mum,^* and was reckoned an excellent omen.^^ 

When the augur declared that the auspices were unexcep- 
tionable,^'' that is, that there was nothing to hinder the Comitia 
fi'om being held, he said silentium esse videtur ; but if not, he 
said ALIO DiE,^^ on which account the Comitia could not be held 
that day.i^ 

This declaration of the augur was called nuntiatio, or ohnun- 
tiatio. Hence Cicero says of the augurs, nos nuntiationem so- 
lum habemus ; et consules et reliqui magistratus etiam spec- 
tionem, v. inspectionem ; ^'^ but the contrary seems to be asserted 
by Festus,^" and commentators are not agreed how they should 
be reconciled. It is supposed there should be a ditFerent read- 
ing in both passages.'-^ 

Any other magistrate of equal or greater authority than he 
who presided, might likfi-wise take tiie auspices ; especiallj \i 

3 augurum solennis 6 Cic. Phil. ii. 33. feriret. ii. 12. 

pronunciatio. 7 in auspicium adhlbe- 14 quasi terripavium 18 thus, Papirio legem 

3 Cic. & Liv. passim. bat. vel terripudiuin, Cic. ieienti triate omen 

3 vitium obvenisse, S Cic. Div. ii. 34. Div. ii. 34. Fest. Puis. diem diffidit, 1. e. rem 
Cic. in auspicio vitium 9 servare de coelo vei Liv. x. 40. Pliii. x. 21. in diem posterum re- 
tuisse, Liv. ccelum. s. 24. jicere coegit,Liv.ix,o8. 

4 utpote vitiosi v. vitio 10 Liv. vi. 41. x. 40. 15 auspicium egregium 19 Cic. Phil. ii. 32. 
creati. 11 ex cavea. vel optimum, ibid. 20 in voce Spectio, 

6 Liv. ibid. Cic. Nat. 12Liv. vi. 41. lli onini vitio carere. 21 Vid. Abr. in Cic. 

Ueov. ii.4, 13 terram pavliot, i. c. 17 Cic. Div. ii. 34. Leg. Scalig. in Fest. 



COMITIA CENTUKIATA, 75 

he wished to hinder an election, or prevent a law from being 
passed. If such magistrate therefore declared, se de caxo seh- 
VAssE, that lie hatl heard thunder, or seen liohtning-, he was said 
OBNUNTiABE,^ which he did by saying alio die: whereupon bv 
the Lex JElia et Fusia, the Comitia were broken off,- and de- 
ferred to another day. Hence obnuntiare concilio aut comitiis^ 
to prevent, to adjourn ; and this happened, even though he said 
th.at he had seen what he did not see,^ because he was thought 
to have bound the people by a religious obligation, which must 
be expiated by their calamity or his own.^ Hence in the edict 
whereby the Comitia were summoned, this formula was com- 
monly used, NE QUIS MINOR MAGISTRATUS DE CdXO SERVASSE VELIT : 

which prohibition Clodius, in his law against Cicero, extended 
to all the magistrates.^ 

The Comitia were j 
were holding, was seized with the falling sickness or epilepsy, 
which was hence called morbus comitialis ; or if a tribune of tlie 
commons interceded by the solenni word veto,*^ or any magi- 
strate of equal authority with him Avho presidt^d, interposed, by 
wasting the day in speaking, or by appointiiig holy-days^ &c. 
and also if the standard was pulled down from the Jani;:ulum, as 
in the trial of Rabirius, by Metellus the praetor.^ 

The Comitia were also broken off by a tempest arising ; but 
so, that the election of those magistrates A\ho were already cre- 
ated, was not rendered invalid,^ unless when the Comitia were 
for creating censors. 

6. manner of HOLDING THE COMITIA CENTUKIATA. 

When there was no obstruction to the Comitia, on the day 
appointed, the people met in the Campus Martins. The magi- 
strate who was to preside, sitting in his curule chair on a tribu- 
nal,^ used to utter a set form of prayer before he addressed the 
j)eople,^" the augur repeating over the words before him." 
Then he made a speech to the people about what was to be done 
at the Comitia. 

If magistrates were to be chosen, the names of Uie candidates 
were read over. But anciently the people might choose whom* 
they pleased, whether present or absent, although they had not 
declared themselves candidates.^" 

If a law was to be passed, it was recited by a herald, while a 
secretary dictated it to hini,^'^ and different persons v\ere allowed 
to speak for and against it,^* A similar form was observed at 

11 augure verba praee- 
unti", Clc. 

12 Liv. passim. 

13 subjicienti? ^cribu. 
Vi Liv.xl.il. 



1 au-ur aupturi, consul 


esset. 








8 ut jam creali non vi- 


r.onsuii obnuntiavisti. 


4 Cic. Phil, i 


.33. 






tiosi reddereiilur, Liv 


al. luintiasti, Cic.Pnil. 


5 Dio. xxxvil 


1.13. 






xl.5'.i. Gc.Div.ii. 18. 


ii.Si. 


6 Liv. vi. as. 








9 pro (ribunali, Liv 


'2 dirimebanlur. 


7 Cic. Frat. 


ii. 6. 


DI 


0. 


xxxix. -52. 


C si auspicia enientitus 


XAxviL 27 






U 


Ill Liv. xxxix. 15. 
2 



76 ROMAN .ANTIQUITIES. 

trials, because application was made to the people about the 
punishment of any one, in the same manner as about a law, 
Hence irrogare poenam, vel mulctam, to inflict or impose. 

The usual beginning. of all applications to the people,* was 
VELiTis, JuBEATis, QuiRiTEs, and thus the people wei'e said to be 
consulted, or asked,^ and the consuls to consult or ask them.^ 
Hence Jwiere legem vel rogationem, also decernere, to pass it; 
vetare, to reject it ; rogare magistratiis, to create or elect ; ^ ro- 
gare qu(Bsitores, to appoint judges or inquisitors.^ Then tlie 
magistrate said, si vobis videtur, discedite, quirites ; or ite in 

SUFFRAGIUM, BENE JUVANTIBUS DIIS, ET QU.i: PATRES CENSUERUNT, 

vos JUBETE.*^ Whereupon the people, who, as usual, stood pro- 
miscuously, separated every one to his own tribe and century.^ 
Hence the magistrate was said, mitt ere populum in suffraginm ; 
and the people, inire vel ire in suffragium,^ 

Anciently the centuries were called to give their votes accord- 
ing to the institution of Servius Tulhus ; first the equites, and 
then the centuries of tiie first class, &c. ; but afterwards it was 
determined by lot ^ in Avhat order they should vote. When this 
was first done is uncertain. The names of the centuries were 
tlirown into a box,^" and then, the box being shaken, so that the 
lots might lie equally,^^ the century which came out first gave 
its vote first, and hence was called pr.'erogativa. Those centu- 
ries which followed next, were called primo vocat-e. The rest, 
JURE vocat^.^^ But all the centuries are usually called jure vo- 
catce, except the pr(Brogativa. Its vote was held of the greatest 
importanco.^*^ Hence prjerogativa is put for a sign or pledge, 
a favourable omen or intimation of any thing future ; ^^ and also 
for a precedent or example, a choice, or favour,^^ and among 
later Avriters for a peculiar or exclusive privilege. 

When tribes are mentioned in the Comitia Centuriata,^^ it is 
supposed that after the centuries were included in the tribes, the 
tribes first cast lots; and that the tribe which first came out was 
called PRiEROGATivA TRiBus ; and then that the centuries of that 
tribe cast lots which should be the prarogativa centuria. Others 
think that in this case the names of tribes and centuries are put 
promiscuously the one for the other. But Cicero calls centuria, 
pars tribus ; and that which is remarkable, in the Comitia Tri- 
buta.^^ 

Anciently the citizens gave their votes by Avord of mouth ; 

1 omnium rogationum. rogante, i. e. praesi- ut sortirentur, Liv. 14 snpplicatio est pra>- 

2 ronsuli vpI rogari. dente, datus est. Id. xxv. 3. rogativa triumphi, Cic. 

3 Cic. & Liv. passim, Mur. 1. 11 soi tibus sequatis. Fam. xv. 5. 

4 Sail. Jug. 40. 29. 6 Liv. xjcxi. 7. 12 Liv. v. 18. x. 15. 22. 15 Act. Verr. 9. Pliii. 

5 lb. 40. so justa et ve- 7 Asc. Cic. Corn. Balb. xxvii. 6. vii. 16. xxxvil. 9. s, 'Iti. 
tita populi in jiibffiidis 8 Cic. &. Liv. passim. 13 ut nemo unquam Liv. iii. 51. xxi, a. 
v. sciscendis legibus, 9 sorlitio fiebat. prior earn tulerit, qiiin xxviii. 9. 

Cic. Lege. ii. 4. qui- 10 in sitellain ; sitella rPnunciatus sit. Cic. 16 l.iv. x. 13. 
bus, sc. Silano et Mu- dofertiu-, Cic. N. D. i. Plane. 20. Div. ii. 40. 17 Plane. 20. 
renae, consulatus, me ''' sitella allata est, iMur 18. Liv. ixvi. 22. 



COMITIA CENTURIATA. 77 

raid in creating magistrates, they seem to have each used this 
form, coNsuLEs, &c. nomino vel dico; in passing laws, uti rogas, 
voLO vel JUBEo.^ The will or command of the people was ex- 
pressed by VELLE, and that of the senate by censere ; hence 
leges magistratusque rogare, to make.^ 

Sometimes a person nominated to be consul, &c. by the pre- 
rogative century, declined accepting,^ or the magistrate presid- 
ing disapproved of their choice, and made a speech to make 
them alter it. Whereupon the century was recalled by a herald 
to give its vote anew,^ and the rest usually voted the same way 
with it.^ In the same manner, after a bill was rejected by al- 
most all the centuries, on a subsequent day,^ we firxd it unani- 
mously enacted ; as about declaring war on Philip, ab hag ora- 

TIONE IN SUFFRAGIUM MISSI, UT ROGARAT, BELLUM JUSSERUNT.' 

But in later times, that the people might have more liberty 
in voting, it v/as ordained by various laws which were called 
LEGES TABELLARi.E, that they should vote by ballot ; first in con- 
ferring honours, by the Gabinian law, made A, U. 614, two 
years after, at all trials except for treason, by the Cassian law ; 
in passing laws, by the Papirian law, A. U. 622; and lastly by 
the Cceliau law, A. U. 630 ; also in trials for treason, which had 
been excepted by the Cassian law. The purpose of these laws 
was to diminish the influence of the nobility.^ 

The centuries being called by a herald in their order, moved 
from the place where they stood, and went each of them into an 
enclosure,^ which was a place surrounded with boards,^" and 
near the tribunal of the consul. Hence they were said to be 
intro vocatcB, sb. in ovile}^ There was a narrow passage to it 
raised from the ground, called pons or ponticulus, by Avhich 
each century went up one after another.^^ Hence old men Tit 
sixty ^^ were said de ponte dejici ; and Avere called depontani, 
because after that age they were exempted from public busi- 
ness,^^ to Avhich Cicero alludes, Rose. Am. 35. But a very dif- 
ferent cause is assigned for this phrase both by Varro and Festus. 

There were probably as many pontes and septa, or ovilia, as 
there were tribes and centuries. Hence Cicero usually speaks 
of them in the plural.^^ Some think that each tribe and century 
voted in its own ovile^^ but this does not seem consistent with 
what we read in other authors. 

At the entrance of the pons, each citizen received from cer- 

1 Liv. xxiv. 8, 9. Cic. centuris sine varia- sus. impetum facit, pontes 
Legg. ii. 10. tione iiUa dixerunt, 11 Liv. x. 13. dejicit. Her. i. 1^. cum 

2 .Sail. Jug. 21, Liv. i. Liv. xxiv. 8, 9. 12 Suet. Jul. 80. Clodius in septa irru- 
17. 6 alleris cnmitiis. 13 sexagenarii. isset, Jlil. 15. so, mi- 

3 Liv. V. 18. xxvi 22. 7 Liv. xxxi. 8. 14 Varr. 8c Fest. serse iiiaculavit ovili i 

4 in suft'ragium revoca- 8 Cic. Am. 12. Plin. 15 thus, pontes lex Ma- Romae, Luc. Pilars, ii. 
ta; thus, redite in suf- Ep. iii. 20. Cic. Brut. ria fecit :iugustos, Cic. 197. 

Iragium, Liv. ibid. 25. 27. Legg. iii. 16. Legg. iii. 17. operae 16 Serv. Airg. Ki 1, i. 

5 aiictoritatem proiroga- Plane. 6. Clodiana: pontes occu- 3t. 
Ivae secutiB sunt ; eos- 9 seplum vel ovile. parunt, Alt. i. 14. C<p- 

dcm consules cetera; 10 locus tabulaiis incln- pio cum bunis viris 

G 3 



78 ROMAN ANTIQUITIES. 

tain officers, called diribitores, or dist'ibutores , ballots,^ on 
which, if magistrates were to be created, Avere inscribed the 
names of the candidates, not the whole names, but only the 
initial letters ; ^ and they seem to have received as many tablets 
as there were candidates. We read of other tables being given 
in than were distributed, which must have been brought from 
home;^ but as no regard was paid to them, this seldom happen- 
ed. The same thing took place also under the emperors, when 
the right of electing magistrates was transferred from the people 
to the senate.* 

If a law was to be passed, or any thing to be ordered, as in a 
trial, or in declaring war, &c. they received two tablets ; on the 
one were the letters u. r. i. e. uti rogas, sc. volo vel jubco, I 
am for the law ; and on the other, a. for antiquo, i. e. antiqua 
proho, nihil novi statui volo, I like the old way, I am against 
the law. Hence antiquare legem, to reject it. 

Of these tablets every one threw which he pleased into a 
chest ^ at the entrance of the ovile, Avhich was pointed out to 
them by the rogatores, who asked for the ballots, and anciently 
for the votes, when they were given viva voce.^' Then certain 
persons called custodes, who observed that no fraud should be 
committed in casting lots and voting,^ took out ^ the ballots, and 
counted the votes by points marked on a tablet, which was 
called dirimere svffragia, or diremptio svffragiorum ; '-^ whence 
omne punctwn ferre, for omnibus svffragiis reminciari, to gain 
every vote ; and what pleased the majority was declared by a 
lierald to be the vote of that century. The person who told to 
the consul the vote of his century^" was called rogator,^^ Thus 
all the centuries were called one after another, till a majority of 
centuries agreed in the same opinion ; and what they judged 
was held to be ratified. 

The diribitores, rogatores, and custodes, were commonly 
persons of the tirst rank, and friends to the candidates, or fa- 
vourers of the law to be passed, who undertook these oflices vo- 
luntarily.^^ Augustus is supposed to have selected 900 of the 
equestrian order to be custodes or rogatores.^*^ 

if the points of any century were equal, its vote was not de- 
clared, but was reckoned as nothing, except in trials, where the 
century which had not condemned, Avas supposed to have ac- 
quitted. The candidate who had most votes was immediately 
called by the magistrate who presided ; and after a solemn 
i»rayer, and taking an oath, Avas declared to be elected^* by a 



1 tabu!« vel tabellcE. 


Nat. D. il. i. 


rogavit, et ejus suftra- 


12 Cic. Pis. 15. rost 


2 Cic. Dom. 43. 


7 in Nortiiiuiie et suf- 


gium retulit ; vel cou- 


red. in Sen. 11. 


3 Suet. Jul. 80. 


tVagiis. 


sules a centuria sua 


13 ad custodiendas cis. 


4 Plin. Ep. iv. 25. 


8 edi.oebant. 


creatos renuiiciavit, 


tas suftVagiorum, Pli,i. 


£ in c-.stcim. 


9 Luc. V. 3y3. 


retulit. 


xxxiii.2. S.7. 


f r-, ;mv. ;. iv.ii. 35. 


10 nui coiruiiam suam 


XI <-;.'. ih.o,- ;; C4. 


M reuuarl ti:« >-ci. 



COMITIA CENTURIATA. 79 

herald.^ ITien he was conducted home by his frieiuls and de- 
pendents with great pomp. 

It was esteemed very honourable to be named first.^ Those 
who were elected consuls usually crowned the image of their 
ancestors with laurel.^ 

When one gained the vote of a century, he Avas said ferre 
centuriam, and non ferre vel perdere, to lose it ; so ferre repid- 
sam, to be rejected ; but ferre suffragium vel tahellam, to vote.^ 

The magistrates created at the Comitia Centuriata were said, 
fieri, creari, dedarari, nominari, did, renundari, designari, ro- 
gari, &c. In creating magistrates this addition used to be made 

to denote the fulness of their rioht : ut qui optima lege fuerint: 

5" 

OPTIMO JURE ; EO JURE, QUO QUI OPTIMO. 

When a law was passed, it was said perferri ; the centuries 
which voted for it, were said legem jubere, v. rogationem acci- 
PERE ; ^ tliose who voted against it, antiquare, vetare, v. non 
accipere. Lex rogatur, du?nfertnr ; abrogatur, dum tollitur ; 
derogatur legi, v. de lege, cum per novam legem aliquid veteri 
legi detrahitur ; subrogatur, cum aliquid adjicitur ; obrogatur, 
cum nova lege infirmaturJ Ubi duee contraries leges sunt, sem- 
per antiquce ohrogat nova, the new law invalidates the old.^ 

Two clauses commonly used to be added to all laws : — 1. si 

QUID JUS NON FUIT ROGARI, UTEJUS HAC LEGE NIHIL ESSET ROGATUM : 

2. SI QUID CONTRA ALIAS LEGES EJUS LEGIS ERGO LATUM ESSET, 

UT EI, QUI EAM LEGEM ROGASSET, IMPUNE ESSET, wllich claUSe ^ 

Cicero calls translatitium, in the law of Clodius against him- 
self, because it was transferred fx'om ancient laws.^" 

This sanction used also to be annexed, ne quis per saturam 
abrogato." Hence exquirere sententias per saturam, i. e. pas- 
sim, sine certo ordine, by the gross or lump.^^ In many laws 
this sanction was added, qui aliter vel secus faxit v. fecerit, 
SACER ESTO c i. c. ut Cttput cjus, cum bonis vel familia, alicui de- 
orum consecraretur v. sacrum esset : that it might be lawful to 
kill the transgressor with impunity. ^"^ 

When a law Avas passed, it was engraved on brass and carried 
to the treasury. It used also to be fixed up in public, in a place 
where it might be easily read.^* Hence, in capitolio legum cera 
liquefacta, nee verba minacia fixo csre legebantur, fixit leges 
preiio atque refixit, made and unmade.^^ 

After the year of the city 598, when the consuls first began to 
enter on their office on the first day of January, the Comitia for 

10 Cic. A tt. iii. 23. 14 unde da plnno, i. e. 

11 l. e. per legem in Irom the ground, legi 
qua cur.junctim nmltis posset, 
de rebus una rogatione J5 Cic. C?.t. iii. 8. Ov. 
populus consulcbatur, IM.i. 3. Virg. din. vi, 
Fest. 622. Cic Phil. siii. i, 

12 Sail. Jug. 23. Fani. xii. 1. 

13 Liv. ii.8. iri.55.Ci'' 
Balb. 14. 



1 Cic. Leg?. Man. 1. 


Cic. Rull. ii. 2. 


Mur. 1. Rull. ii. 2. 


5 Festus in optima lex. 


Veil. ii. 92. 


Cic. Rull. i. 11. Phil. 


2 Cic. Lesg. Man. 1. 


xi. 12. Liv. ix. 34. 


3 Cic. Mur. 41. 


6 Liv. ii. 57. iii. 15. C3. 


4 thus, mcis comitiis 


^ alibi passim. 


non tabellam vindicem 


7 Ulp. & Fest. 


tacitae libertatis, sed 


8 Liv.ix.31. 


voctm vivam tulistis 


9 caput. 



80 



ROMAN ANTIgUITlRS. 



their election were held about the end of July, or the beginniuj^ 
of August, unless they were delayed by the intercession of the 
magistrates, or by inauspicious omens. In the time of the first 
Punic Avar, the consuls entered on their office on the Ides of 
March, and were created in January or February.^ The prap- 
tors were always elected after the consuls, sometimes on the 
same day, or the day after, or at the distance of several days.- 
From the time of their election till they entered on tlieir office 
they were called designati. 

The Comitia for enacting laws or for trials, might be held on 
any legal day. 



no one was excluded; and pio- 
voked no nppusition, because it 
did not decide by itself, but stood 
on an equipoise with the curies. 
This institution of the centu- 
ries has thrown that of the tribes 
completely into the shade; and 
through the former alone has the 
name of king Servius maintain- 
ed its renown toourdays. More- 
over, it has long and universally 
been held to be a settled point, 
that this is understood with more 
certainty and accuracy than any 
other part of the Roman consti- 
tution; because it is described 
by Dinnysius and Livy, and that 
description is couched in num- 
bers : and only a very few, who 
saw more clearly, have ventured 
to pronounce, that at all events 
. these representations were not 
suited to the times of which we 
have a contemporary history. 
At present this in the main is no 
longer contested; and, a far 
more authentic record having 
come to light, the errors common 
to the two historians, and those 
pei-uliar to each, may be satis- 
factorily pointed out. 'J'hey 
cannot either of them have been 
acquainted with the account con- 
tained in the commentaries 
which were ascribed to the king 
himself, but have written from 
very difi'erent and very defective 
reports : as to Cicero, the only 
reason that indisposes us to be- 
lieve his having drawn imme- 
diately from the authentic source, 
is, that erudition of this sort was 
not in liis way; else his state- 
ments are exceedingly accurate 
and trustworthy. The mistakes 
of the two historians need not 
surprise us ; for they were not 
speaking of an institution still 
existing, nor even of one tliat 
had been recently changed, but 
of what had long since passed 
away. Livy says expressly, 
that it had nothing in common 
with the constitution of the cen- 
turies in his days : and this, 
moreover, is the very reason 



CENTURIES.^ 

With regard to the purpose of 
the Servian constitution to im- 
part an equal share in the con- 
sular government to the plebei- 
ans, every one is at liberty to 
think as he likes : that it grant- 
ed them the right of taking part 
in elections and in legislation, is 
universally acknowledged. 

Servius (as for the sake of 
brevity I will call the lawgiver 
in accordance with the writers of 
antiquity) would have taken the 
simplest metliod of bestowing 
these rights, if he had adopted 
the same plan whereby the com- 
mons in feudal states obtained a 
station alongside of the barons, 
and had ordained that all nation- 
al concerns should be brought 
both before tlie council of the 
burghers and that of the com- 
monalty, and that the decree of 
the one should not have force 
without the approval of the 
other, and shnuld be made null 
by its rejection, 'i his was the 
footing on which the plebeian 
tribes in afiertiuies stood in rela- 
tion to the curies : but if these 
two bodies had been set up over 
against each other from the be- 
ginning, they would have rent 
the state asunder; to accomplish 
the perfect union of which the 
centuries were devised by Ser- 
vius. For in them he coilei;ted 
the patricians and their clients 
tiigetherwith the plebeians; and 
along with all these that new 
class of their fellow-citizens 
which had arisen from bestow- 
ing the Roman franchise on the 
inhabitants of other towns, the 
municipals: so that nobody 
could in anyway lonk upon him- 
self as a Roman, without having 
some place or other, though in- 
deed it might often be a very in- 
significant one, ill this great as- 
sembly. The preponderance, nay 
the whole power in that assem- 
bly lay with the plebs ; this how- 
ever excited no ill will, because 

ILiv. passim. sure to correct the er- man antiquities had best work liitheilo 

2Liv. X. 22. rors into which Dr fallen, are extracted published on the early 

3 The above remarks, Adam, in common with from the History of history of Ualv and 

lending in some me^- other writers on Ro- Rome, by Niebuhr, the Kome.— JiD, 



why he describes it, as he does 
the ancient tactics, in his ac- 
count of the Latin wai. Various 
other statements tno must have 
been current, containing still 
greater discrepancies; for Hliny 
takes nO,000 asses to be the li- 
mit for the property of the first 
class, Gelllus 12!i.OOO; numbers 
which can neithpi be regarded 
as blunders in tlie manuscri]its, 
nor as slips in the writers. 

In one point both the histo- 
rians are mistaken : confound- 
ing the burghers with the com- 
monalty, tliey imagine that a 
people, in which till then fierlect 
union and equality had prevailed, 
was now divided into classes 
according to property, in such a 
manner that all the power fell 
into the hands of the rich, 
though incumbered with no 
slight burdens. Dionysius adds 
another error to this, in looking 
upon the eighteen equestrian 
centuries, which h^d the first 
rank in the Constitution of Ser- 
vius, as a timocratical institu- 
tion. 

The principle of an aristocracy 
is to maintain a perfect cqualiiy 
within its own body. The poor 
est and obscurest noliiU of Ve- 
nice, into whose family no office 
of dignity iiad come lor centu- 
ries, was esteemed in the great 
council as the equal of those 
whose wealtli and name encir- 
cled them with splendour. A 
government formed like the Ro- 
man by a large body of houses is 
a complete democracy within it- 
self, just as much so as that of a 
canton where the jiopulation is 
not more numerous: an aristo- 
cracy it is solely in its relation 
to the commonalty. This was 
misunderstood by Dionysius and 
Livy; no change was made by 
Servius in this equality of tlie 
ancient burglr-rs: his timocracy 
only aflbcled those who slood 
entirely without the pale of tir.il 
body, or those who at the utm.ist 
were attached to it, but far from 



COMITIA TRIBUTA. 81 

COMITIA TRIBUTA. 

In tlie Coraitia Tributa the people voted divided into tribes, ac- 
cording- to their regions or wards.^ 

The name of tribes was derived either from their original 
number, three,^ or from paying tribute,^ or, as others think, 
from r^irrv:, tertia pars tribus apud Athmienses, Molice t^/tt- 
'TTv;, unde tribus. 

The first three tribes were called ramnenses or Ramnes^ ta- 
TiENSKs or Titienses, and luceres. The first tribe was named 
from Romulus, and included the Roman citizens who occupied 
the Palatine hill; the second from Titus Tatius, and included 
the Sabines, who possessed the Capitoline hill ; and the third 
from one Lucumo a Tuscan, or rather from the grove ^ which 
Romulus turned into a sanctuary,^ and included all foreigners 
except the Sabines. Each of these tribes had at first its own 
tribune or commander,^ and its own augur. 

Tarquinius Priscus doubled the number of tribes, retaining 
the same names ; so that they were called Ramnenses primi and 
Ramnenses secundi, or posteriores , &C.'' 

But as the Luceres in a short time greatly exceeded the rest 
in number, Servius Tullius introduced a new ai'rangement, and 
distributed the citizens into tribes, not according to their ex- 
tra(;tion, but from their local situation. He divided the city 
into four regions or wards, called palatina, suburrana, collina, 
and ESQUiLiNA, the inhabitants of which constituted as many 
tribes, and had their names from the Avards which they inhabit- 
ed. No one was permitted to remove from one ward to another, 
that the tribes might not be confounded.^ On which account 
certain persons were appointed to take an account where every 
one dwelt, also of their age, fortune, &c. These were called 
city tribes,^ and their number always remained the same. Ser- 

part^ltuig in the same equali- Servius, out of the principal de cent, though particular indi- 

ty. men in the slate, as he says; he viduals smong tliem mii;ht liaji- 

Tlie s'x equestrian centuries ought to have said in the com- pen to be exceedingly poor, 
established by L. Tarquinius mnnalty : for the patricians were The |;revalent opinion, that 
were incorporated by Servius in the six sutTra'iia, nor can any the equestrian rank from the be- 
;nio his coniitia, and received tiie of them have been admitted into ginnini; w^s essentiidly connect- 
name of the six sufiragia ; so the twel'.e centuries. Dionysius ed with great wealth, and yet 
that these comprised all the pa- therefore should liave confined that all tlie knights were fur- 
tricians: among Avliom it cannot himself to these twelve centu- nished with horses hy the state, 
De conceived that in this consll- ries, when he conceived that the and had a yearly rent assigned 
tution, any more than in the knights were chosen by Servins ibr their keeping, not only 
earlier, there existed any dis- out of the richest and most illns- charges the Rouimu laws with 
tinction adapted to the scale of, trious families ; which noti n he absurdity and injusiice, but also 
their proyerty. Livy, though he extends to all the eighteen: for overlooks l-ivy's express re- 
forgot that the six centuries had the patririuns, wlu unquestion- mark, wliich follows close upon 
been instituted by Tarquinius, ably as a body were the richest his account of the advantages 
m^'kes a perfectly correct dis- as well as the leading men in enjoyed by the knights, that all 
tinction between them and the the state, had all of them places these burdens were shifted from 
twelve wliich were added by in the six sufiVagia by birth and the poor upon the rich. 

1 ex regionibus et locis, 3 a trlbuto, Liv. i. 43. .Vn. viii. 342. 7 liiv. y. 6. i. 36. 

A.Gell.xv.27. 4 a bico. 6 tribunus vel priffec- 8 Di my. iv. IJ. 

a a numero ternario. 5 asylum retulit, Virg. tus, Uiony. iv. 14. 9 tribus urbanas. 



82 ROMAN ANTIQUITIES. 

vius at the same time divided the Roman territory into fifteen 
parts (some say sixteen, and some seventeen), vyhich Avere called 
country tribes.^ 

In the year of the city 258, the number of tribes was made 
tuenty-one, Liv. ii. 21. Here, for the first time, Livy directly 
takes notice of the number of tribes, although he alludes to the 
original institution of three tribes, x. 6. Dionysius says, that 
Servius instituted thirty-one tribes. But in the trial of Corio- 
lanus, he only mentions twenty-one as having voted.^ 

The number of tribes was afterwards increased on account of 
the addition of new citizens at different times, to thirty-five, 
which number continued to the end of the republic."^ 

After the admission of the Italian states to the freedom of the 
city, eight or ten new tribes are said to have been added, but 
this was of short continuance ; for they were all soon distributed 
among the thirty-five old tribes. 

For a considerable time, according to the institution of Ser- 
vius Tullius, a tribe was nothing else but the inhabitants of a 
certain region or quarter in the city or country : but afterwards 
this was altered ; and tribes came to be reckoned parts not of 
the city or country, but of the state."* Then every one leaving 
the city tribes, Avished to be ranked among the rustic tribes. 
This was occasioned chiefly by the fondness of the ancient Ro- 
mans for a country life, and from the power of the censors, Avho 
could institute new tribes, and distribute the citizens, both old 
and new, into whatever tribes they pleased, without regard to 
the place of their habitation. But on this subject writers are 
not agreed. In the year 449, Q. Fabius separated the meaner 
sort of people from all the tribes through which they had been 
dispersed by Appius Claudius, and included them in the four 
city tribes.^ Among these Avere ranked all those Avhose fortunes 
were below a certain valuation, called proletarii ; and those 
who had no fortune at all, capite censi.*^ From this time, and 
perhaps before, the four city tribes began to be esteemed less 
honourable than the thirty-one rustic tribes ; and some of the 
latter seem to have been thought more honourable than others. 
Hence Avhen the censors judged it proper to degrade a citizen, 
they removed him fi'om a more honourable to a less honourable 
tribe ; ^ and Avhoever convicted any one of bribery, upon trial, 
obtained by law as a reward, if he chose, the tribe of the person 
condemned.^ 

The rustic tribes had their names from some place ; as, tri- 
bus Aniensis, Arniensis, Cluvia, Crustumina, Falerina, Lemo- 
nia, Mcecia, Pomptina, Quirina, Romilia, Scaptia, &c. : or from 

1 tribusrust;cae,Diony. 3 I/iv. vi. 5. vij, 15. Liv. i. 43. 6 Cell. xvi. 10. 
iv, 15. viii. 17. ix. 2i1. x. 9. 4 non urbis, sed civita- 7 Ir 

2 ibid. vii. 6}, the num- Kpit. xix. Liv. xxiii. tis. 8 C 
ber of Livy, viii. 61. 13. Asc. Gic. Verr. i. 5. 5 Liv, ix. 46. xvi 



CO^IITIA TRIBUTA. 83 

Claudia, Cluentia, Cornell;), 
Fabia, Horatia, Julia, Miriucia, Papiria, Sei'gia, Terentina, \ e- 
turia, &c. 

Sometimes the name of one's tribe is added to the name of a 
person, as a surname ,• thus, L. Albius Sex. F. Quirina, M. Op- 
pi us, M. F. Terentina.^ 

The Comitia Tributa began first to be held two years after 
the creation of the tribunes of the people, A. U. 263, at the 
trial of Coriolanus.^ But they were more frequently assembled 
after the year 282, when the Publilian law was passed, that the 
plebeian magistrates should be created at the Comitia Tributa.^ 

The Comitia Tributa were held to create magistrates, to elect 
certain priests, to make laws, and to hold trials. 

At the Comitia Tributa Avere created all the inferior city ma- 
gistrates, as the ccdiles, both curule and plebeian, the tribunes 
of the commons, qusestors, &c, ; all the provincial magistrates, 
as the proconsuls, propraetors, &c. also commissioners for set- 
tling colonies, &c. ; the pontiftx maximus, and after the year 
650, the other ponti/ices, augures, ftciales, &c. by the Domitian 
law.* For before that, the inferior priests Avere all chosen by 
their respective colleges.^ But at the election of the pontiftx 
rtiaximus, and the other priests, what was singular, only seven- 
teen ti'ibes Avere chosen by lot to vote, and a majority of them, 
namely nine, determined the matter.*' 

The laAvs passed at these Comitia Avere called plebiscita,'' 
Avhich at first only bound the plebeians, but after the year 306, 
the whole Roman people.^ 

Plebiscita Avere made about various things ; as about making 
peace, about granting the freedom of the city, about ordering a 
triumph Avhen it Avas refused by the senate, about bestOAving 
command on generals on the day of their triumph, about ab- 
solving from the laAvs, which in later times the senate assumed 
as its prerogative.'^ 

There Avere no capital trials at the Comitia Tributa ; these 
were held only at the Centuriata : but about imposing a fine.^^ 
And if any one accused of a capital crime did not appear on 
the day of trial, the Tributa Comitia Avere sufficient to decree 
banishment against him.^^ 

All those might vote at the Comitia Tributa Avho had the full 
right of Roman citizens, Avhether they dwelt at Rome or not. 
For every one Avas ranked in some tribe, in Avhich he had a 
right to A'ote.^- Some had tAvo tribes ; one in Avhich they Avere 
born, and another either by right of adoption, as Augustus had 

1 ('ic. Quint. 6. Fam. tabantur. 8 Liv. iii. 55. esse scivit plebs, Liv, 
viii. 8. Att. iv. X6. 6 Cic. KuU. ii. 7. 9 I.iv. xxxiii. 10. iii. 63. xxvi.3.xxv 4. 

2 Diony. vii. 59. 7 quae plebs suo suft'ra- xxvi. 21. Asc. Cic. 12 Liv. xl v. 15. 

3 Liv. ii. 56. gio sine patribus jus- Cor. &c. 

4 Suet. Ner. 2. sit, plebeio niagistrutu 111 Liv. iv. 41. 

5 a cuUejiis suis co-op- rogante, test. 11 id ei jusluni exi'.ium 



8i 



ROMAN ANTIQUITIES. 



the i^'abian and Scaptian tribes,^ or as a reward for accusing 
one of bribery.^ 

At the Comitia Tributa the votes of all the citizens were of 
equal force, and therefore the patricians hardly ever attended 
them. On which account, as some think, they are said to liave 
been entirely excluded from them.^ But about this writers are 
not agreed. 

The Comitia for creating tribunes and plebeian sediles, were 
held by one of the tribunes to whom that charge was given,, 
either by lot or by the consent of his colleagues;* but for creat- 
ing curule asdiles and other inferior magistrates, by the consul, 
dictator, or military tribunes ; for electing priests, by the consul 
only.^ 

The Comitia Tributa for passing laws and for trials, were held 
by the consuls, prastors, or tribunes of the commons. When 
the consul was to hold them, he by his edict summoned the 
whole iioman people ; but the tribunes summoned only the ple- 
beians.^ Kence they are sometimes called Comitia populi, and 
sometimes concilium plebis : in the one, the phrase was popidus 
jussit ; in the other, plebs scivit. But this distinction is not 
always observed. 

The Comitia Tributa for electing magistrates were usually 
held in the Campus Martius,^ but for passing laws and for trials 
commonly in the forum ; sometimes in the Capitol, and some- 
times in the circus Flaminius, anciently called piata Flaminia^ 
or circus Apollinai'is, where also Q. Furius, the pontifex maxi- 
mus, held the Comitia for electing the tribunes of the commons, 
after the expulsion of the Decemviri.^ Jn the forum there were 
separate places for each tribe marked out with ropes.^ 

In the Campus Martins, Cicero proposed building, in Caesar's 
name, marble enclosures^" for holding the Comitia Tributa," 
which work was prevented by various causes, and at last entirely 
dropped upon the breaking out of the civil wars ; but it w as 
afterwards executed by Agrippa.^- 

The same formalities almost Avere observed in summoning 
and holding the Comitia Tributa as in the other Comitia, only 
it was not requisite for them to have the authority of the senate, 
or that the auspices should be taken. But if there had been 
tlmnder or lightning,^^ they could not be held that day. For it 
was a constant rule from the beginning of the republic, jovk 
FULGENTE CUM popuLo AGi NEFAs ESSE. ComiHorum boUim vitmm 
est fulmen}^ 

The Comitia Tributa for electing magistrates, after the year 

I Suet. Aug.4n. 
Si legis de ambitu prae- 
niio. Cic. Balb. 25. 

3 Liv. ii. 5G. 60. 

4 Liv. ill. Gi. 



5 Cic. Brut. 5. 

6 Gell. XV. 17. 


21. iii. 63 51. 
9 Diony. vii. 59. 


xvi. 40. 
1 i si toiiuisset aut fui- 


7 Cic. Att. i. 1. iv. 3. 
tp. Fam.vii.30. 

8 1.1V. xxxiii. lU. xivii. 


10 septa .n.rmor.a. 

11 Cic. Atuiv. IS. 

n Dio. i.ii. zo. riiii 


guriissel. 

U Cic. Vat. 8. Div. il. 
13. 



COMITIA TRIBUTA. 



85 



598, were held about the end of July or the beginning of Au- 
gust; for electing priests, when there was a vacancy, and for 
laws and trials, on all comitial days. 

Julius CaBsar first abridged the liberty of the Comitia. He 
shared the rig-ht of creating magistrates with the people ; so 
that, except the competitoi-s for the consulship, whose choice he 
solely determined himself, the people chose one half, and he 
nominated ^ the other. This he did by billets dispersed through 
the several tribes to this effect, c.i:sar dictator illi Trasui. Com- 

MENDO VOBIS ILLUM, ET ILLUM, UT VESTRO SUFFRAGIO SUAM DIGNITA- 
TEM TENEANT.^ Augustus Fcstorcd this manner of election after 
it had been dropped for some time, during the civil wars which 
followed Caesar's death.^ 

Tiberius deprived the people altogether of the right of elec- 
tion, and assuming the nomination of the consuls to himself, he 
pretended to refer the choice of the other magistrates to the se- 
nate, but in fact determined the whole according to his own 
pleasure.'^ Caligula attempted to restore the right of voting to 
the people, but without any permanent effect.^ The Comitia, 
however, were still for form's sake retained. And the magi- 
strates, whether nominated by the senate or the prince, appeared 
in the Campus Martius, attended by their friends and connec- 
tions, and were appointed to their office by the people with the 
usual solemnities.^ 

But the method of appointing magistrates under the emperors 
seems to be involved in uncertainty,'' as indeed Tacitus himself 
acknowledges, particularly with respect to the consuls.^ Some- 
times, especially under good emperors, the same freedom of 
canvassing was allowed, and the same arts practised to insure 
success, as under the republic.^ Trajan restrained the infamous 
largesses of candidates by a law against bribery;^" and by or- 
daining that no one should be admitted to sue for an office, who 
had not a third part of his fortune in land, which greatly raised 
the value of estates in Italy.^^ When the riglit of creating magi- 
strates was transferred to the senate, it at first appointed them 
by open votes,^^ but the noise and disorder which this sometime^ 
occasioned, made the senate in the time of Trajan adopt the 
method of balloting, which also was found to be attended Avith 
inconveniences, which Pliny says the emperor alone could 
remedy.^'^ Augustus followed the mode of Julius Caesar at the 
Comitia, although Mecaenas, whose counsel he chiefly followed, 
advised him to take this power altogether from the people.^^ As 
often as he attended at the election of magistrates, he went round 



1 edebat. 


15. Dio. Cas.lviii, 20, in. Tac. Ann. i 


. 15. 11 Id. vi. 19. 


2 Suet. C«s. 41. 


5 Suet. Cal, 16. Hist. i. 77. 


]2 apertis su6Fragiis, 


3 Suet. Aug, 40. Die. 


6 Plin. Pan. fj3. 8 Ann. i. SI. 


13 ad tacita suftragia 


r,;i.2l. 


7 Suet. Ga3s. 40. 76. 80. 9 Plin. En, vi. C. " 


,viii. decurrere, Plin. tii 


4 Juv. X. 77. Ov. Pont. 


Aug. 40. .56. Ner. 43. 23. 


iii. 20. iv.25. 


iv.l). t)7. Tac. Arm. i. 


Vit. 11. Vesi'. 5. Dom. 10 ambitus k-ge. 
H 


14 Di3.1iii.21.1ii.30. 



86 ROMAN ANTIQUITIES. 

the tribes, with tlie candidates Avhom he recommended/ and 
solicited the votes of the people in the usual manner. He him- 
self gave his vote in his own tribe, as any other citizen,'^ 



ROMAN MAGISTRATES. 

DIFFERENT FORMS OF GOVERNMENT, AND DIFFERENT 
MAGISTRATES AT DIFFERENT TIMES. 

Rome was at first j^overned by kings : but Tarquin the 7th king 
being expelled for his tyranny, A. U, 244, the regal govern- 
ment was abolished, and two supreme magistrates were annually 
created in place of a king, called consuls. In dangerous con- 
junctures, a DICTATOR Avas created with absolute authority ; and 
when there was a vacancy of magistrates, an interrex was ap- 
pointed to elect new ones. 

In the year of the city 301, or according to others, 302, in 
place of consuls, ten men ' were chosen to draw up a body of 
Jaws.'^ But their power lasted only two years ; and the consular 
government was again restored. 

As the consuls were at first chosen only from the patricians, 
and the plebeians wished to partake of that dignity ; after great 
contests it was at last determined, A. U. 310, that, instead of 
consuls, six supreme magistrates should be annually created, 
three from the patricians, and three from the plebeians, who 
were called military tribunes.^ There were not, hov\ever, 
always six tribunes chosen; sometimes only three, sometimes 
four, and sometimes even eight.^ Nor was one lialf always 
chosen from the patricians, and another half from the plebeians. 
They were, on the contrary, usually all patricians, seldom the 
contrary. '^ For upwards of seventy years, sometimes consuls 
were created, and sometimes military tribunes, as the influence 
of the patricians or plebeians was superior, or the public exi- 
gencies required ; till at last the plebeians prevailed A. U. 387, 
that one of the consuls should be chosen from their order, and 
afterwards that both consuls might be plebeians ; which, how- 
ever, was rarely the case, but the contrary. From this time the 
supreme power remained in the hands of the consuls till the 
usurpation of Sylla, A. U. 672, who, having vanquished the 
party of Marius, assumed to himself absolute authority, under 
the title of dictator^ an office which had been disused above I'iO 
years. Eut Sylla having voluntarily resigned his power in less 
than three years, the consular authority Avas again restored, and 
continued till Julius Gassar, having defeated Fompey at the 

1 cum suis candidatis. 3 decemviri, Li v. iil. 33. siilari potestate, Diony. 31. 35. 44. v. 1. 

2 ut unus e populo, 4 ad leges scnbendas. xi. 60. 7 Liv. iv. 25. 44. 56. v. 
Suet. Au-;. 56. 5 trlbuni milltiiin ton- 6 Liv. iv. 6. 16. 25, 43. 13, 13. IS. vi. 3lt. 



MAGISTRATES. 87 

battle of Pharsalia, and having subdued the rest of his oppo- 
nents, in imitation of Sylla, caused himself to be created per- 
petual dictator, and oppressed the liberty of his country, A. U. 
706. After this, the consular authority uas never again com- 
pletely restored. It Avas indeed attempted, after the murder of 
Cassar in the senate-house on the Ides of March, A. U. 710, by 
Brutus and Cassius and the other conspirators ; but M. Anto- 
nius, who desired to rule in Caesar's room, prevented it. And 
Hirtius and Pansa, the consuls of the following year, being slain 
at Mutina, Octavius, who Avas afterwards called Augustus, An- 
tony, and Lepidus shared between them the provinces of the 
republic, and exercised absolute power under the tille of trium- 
viri reipubliccB constituend<E. 

The combination between Pompey, Caesar, and Crassus, com- 
monly called the first triumvirate, which was formed by the 
contrivance of Caesar, in the consulship of IMetellus and Afra- 
nius, A. U. 693,^ is justly reckoned the original cause of this 
revolution, and of all the calamities attending it. For the Ro- 
mans, by submitting to their usurj)ed authority, flowed that 
tliey Avere prepared for servitude. It is the spirit of a nation 
alone Avhich can preserve liberty. When that is sunk by gene- 
ral corruption of morals, laws are but feeble restraints against 
the encroachments of power. Julius Caesar Avould ne\'er ha\e 
attempted what he effected, if he had not perceived the character 
of the Koman people to be favourable to his designs. 

After the overthrow of Brutus and Cassius at the battle of 
Philippi, A. U. 712, Augustus, on a slight pretext depriA-ed 
Lepidus of his command, and having vanquished Antony in a 
sea-tight at Actium, became sole master of the Roman empire, 
A. U. 723, and ruled it for many years under the title of prince 
or EMPEROR.^ The liberty of Rome Avas now entirely extin- 
guished ; and although Augustus endeavoured to establish a 
civil monarchy, the government perpetually tended to a military 
despotism, equally fatal to the characters and happiness of prince 
and people. 

In the beginning of the republic, the consuls seem to have 
been the only stated magistrates ; but as they, being engaged 
almost in continual Avars, could not properly attend to civil 
affairs, various other magistrates Avere appointed at different 
times, pra3tors, censors, asdiles, tribunes of the commons, &c.'^ 
Under the enjperors various new magistrates were instituted, 

OP MAGISTRATES IN GENERAL. 
A MAGISTRATE is a pcrson invested Avith public authority.* The 

1 A'ell. Pat. ii. 44. Hon lor. pisesit, Cic. Legpr. iii. autem est, (jui plus 
Od. ii. I. 3 Liv.iv.-1. ]. dicitur magistmtus aliis jiolest, Fest, 

2 priiiceiiS vel impera- 4 Magistratus est qui a magistro. Magister 

H 2 



88 ROMAN ANTIQUITIES. 

office of a magistrate in the Roman republic was different from 
what it is among us. The Romans had not the same discrimi- 
nation betwixt public employments that we have. The same 
person might regulate the police of the city, and direct tlie 
affairs of the empire, propose laws, and execute them, act as a 
judge or a priest, and command an army.^ The civil authority 
of a magistrate was called magistratus ov potest as, his judicative 
power jurisdiction and his military command imperium. An- 
ciently all magistrates who had the command of an army were 
called PBETOREs.'^ 

Magistratus either signifies a magistrate, as magistratus jus- 
sit; or a magistracy, as Titio magistratus datus est.^ So, potes- 
tas, as habere putestattm, gerere potestates, esse in v. cum potes- 
tate, to bear an office ; Gabiorum esse poiestas, to be magistrate 
of Gabii.* Magistratus was properly a civil magistrate or ma- 
gistracy in the city ; and potestas in the provinces.^ But this 
distinction is not always observed.^ 

When a magistx'ate was invested with military command by 
the people, for the people only could do it, he was said esse in 
V. cu7n imperio, in justo v. summo imperioJ So, magistratus et 
imperia caper e, to enjoy offices civil and military.^ But we 
find esse in imperio, simply for esse consulem ; ° and all those 
magistrates were said habere imperium, who held gi'eat autho- 
rity antl power,^'^ as the dictators, consuls, and pi'setors. Hence 
titey ^vere said to do any thing pro imperio ; ^^ whereas the 
inferiur magistrates, the tribunes of the commons, the asdiies, 
and quasstors, were said esse sine imperio, and to act only pro 
potestate.^' Sometimes potestas and imperium are joined, thus 
togatus in republica cum potestate imperioque versatus est.^^ 

DIVISION OF MAGISTRATES. 

The Roman magistrates were variously divided ; into ordinary 
and extraordinary, greater and less, curule and not curule ; also 
patrician and plebeian, city and provincial magistrates. 

The magistratus ordinarii were those who were created at 
stated times, and were constantly in the republi(; ; the extraor- 

DINARII not SO. 

Liv. X. 29. et alibi 5 magistratus, vel iis, in mai^istratibus pras- 8 Suet. Caes. 75. 

passim. qui in pjotestate aliqua stitit, i.e. neque cum 9 Liv. iv. 7. 

2 vel quod cffiteros sint, ut puta procon- exercitui pr;cesset et 10 qui «-t cnercere ali- 
prieirent, vel quod aliis sul, vel pMtor, vel jus belli gerendi habe- quein possent, et ju- 
praeessent, Asc. Clc. alii, qui provincias re- ret, neque cum mune- bere incarcerem duci, 

3 Fest. gunt, Ulp. ra civilia in urbe gere- Haul. 1. 2. ft', de in jus 
i Juv. X. 93. jurisdic- 6 Sail. Jug. fia ret, Suet. Cas. 54. ne- vocando. 

lionem tantum in urbe 7 cum imperio esse di- mine cum imperio, mi- 11 Liv. ii. 56, to which 

delegari magistratibus citur, cui non'lnatim litary command ; aut Terence alludes, Phor, 

solitam, etiam per pro- est a populo manda- magistratu, civil au- i. 4. 19. 

vincius, potestatibus turn imperium, Fest. thority; tendente quo- 12 Liv. ii. 5f. iv. 2(i. 

deniandavit, Suet. thus, abstinentiam ne- quam, quin Rhodum 13 Gic. I'Uil. i. ?. 

Claud, 2i. que in imperils, neque diverteret, Tib. 12. 



DIVISION OF MAGISTRATES. 89 

The MAGisTRATUs MAJOREs oere those who had Avhat uere 
called the gi-eater auspices.^ The magistratus majores ordinarii 
•were the consuls, preetors, and censors, Avho were created at the 
Comitia Centuriata: the extraor dinar ii were the dictator, the 
master of the horse,^ the interrex, the prefect of the city, &c. 

The MAGISTRATUS MiNOREs ORDINARII wcrc the tribunes of the 
commons, the ffidiles, and quaestors ; extraordinarii, the pr<B- 
fectus annon^, duumviri navales, &c. 

The magistratus curules were those who had the right of 
using the sella curulis or chair of state, namely, the dictator, the 
consuls, prffitors, censors, and curule ffidiles All the rest, who 
had not that right were called non curules.^ The sella curulis 
was anciently made of ivory, or at least adorned with ivory; 
hence Horace calls it curule thur.^ The magistrates sat on it in 
their tribunal, on all solemn occasions. 

In the beginning of the republic, the magistrates were chosen 
only from the patricians, but in process of time also from the 
plebeians, except the interrex alone.^ The plebeian magisti'ates 
were the ffidiles and tribunes of the commons. 

Anciently there was no certain age lixed for enjoying the 
different offices.^ A law was first made for this purpose "' by L. 
Villius (or L. Julius), a tribune of the commons, A. U. 573, 
whence his family got the surname of annales, although there 
seems to have been some regulation about that matter formerl 3.^ 
What was the year fixed for enjoying each office is not fully as- 
certained.^ It is certain that the praetorship used to beenjjyed 
two years after the aedileship, and that the 43d was the year 
fixed for the consulship.^" If we are to judge from Cicero, who 
frequently boasts that he had enjoyed every office in its proper 
year,^^ the years appointed for the dilferent offices by the lex 
Villia were, for the qusestorship thirty-one, for the aedileship 
thirty-seven, for the praetorship forty, and for the consulship 
forty-three. But even under the republic popular citizens were 
freed from these restrictions,^- and the emperors granted that 
indulgence ^^ to whomsoever they pleased, or the senate to gra 
tify them. The lex unnalis, however, was still observed.^^ 

It was ordained by the law of Romulus, that no one should 
enter on any office, unless the birds should give favourable 
omens.^^ And by the cornelian law, made by Sid!a, A. U. 673, 
ihai a certain order should be observed in obtaining prefer- 
ments; that no one should be praetor before being quc^stor, nor 

1 quae minoribus macis rulis erat, supra qaam 6 Cic. Pliil v. 17- sisse. 
lata esseiit, Uell. xiii. considercnt, Gell. iii. 7 lex annalis. 12 ibid. 

15. la 8 Liv. xl 43. XXV. 2. Ij aniios reniittebant. 

2 inagistor equitum. 4Ep.i. 6. 53. 9 see p. S. 14 Plin. Kp. vii. It; iii. 

3 curules inagistratus y quem et ipsum patri- 10 Cic. Kara. x. 25. 20. Dio. liii. 28. 
appellati sunt, quia cium esse, et a piitri- Piiil. v. 17. I.t iiisi aves addixisser.t 
curru veheb iiitiir,Fest. ciis pnxli necesse erat, 11 sc siio queinque nia- vel admisi^sent, Liv, 
in quo curru sella cu- Cic. Uom. 14. (;istratiim anno ges- 1.30. 

H 3 



90 ROMAN ANTIQUITIES. 

consul before being prastor ; nor should enjoy the same ofRco 
ivithin ten years, nor two different offices in the same year.^ 
But these regulations also were not strictly observed. 

All magistrates were obliged, witliin live days after entering 
on their office, to swear that they would observe the laws;- and 
after the expiration of their office, they might be brought to a 
trial if they had done any thing amiss.^ 

KINGS. 

Rox^iE was at first governed by kings, not of absolute power nor 
hereditary, but limited and elective. They had no legislative 
aiitiiority, and could neither malve Avar nor peace without the 
concurrence of the senate and people.* 

The kings of Home were also priests, and had the chief di- 
rection of sacred things, as among the Greeks.^ 

The badges of the kings were the trabea, i. e. a white robe 
adorned with stripes of purple, or the toga prcetexta, a white 
robe fringed with purple, a golden crown, an ivory sceptre, the 
sella curulis, and twelve lictors, with the^^ces and secures, i. e. 
carryinir each of them a bundle of rods, with an axe stuck in 
the middle of them. 

The badges of the Roman magistrates were borrowed from 
the Tuscans.*^ According to Pliny, Romulus used only the tra- 
bea. The toga pr(Btexta was introduced by TulUis Hostilius, 
and also the latus clavus, after he had conquered the Tuscans.'*^ 

The regal government subsisted at Rome for 243 years under 
seven kings, Romulus, Numa Pompilius, Tullus Hostilius, 
Ancus Marcius, L. Tarquinius Priscus, Servius Tuliius, and L. 
Tarquinius surnamed superbus from his behaviour ; all of whom, 
except the last, so reigned, that they are justly thought to have 
laid the foundations of the Roman greatness.^ Tarquin, being 
universally detested for his tyranny and cruelty, was expelled 
the city with his wife and family, on account of tiie violence 
offered by his son Sextus to Lucretia, a noble lady the Avife of 
Collatinus. This revolution was brought about chiefly by means 
of L. Junius Brutus. The haughtiness and cruelty of Tarquin 
inspired the Romans with the greatest aversion to regal govern- 
ment, Avhich they retained ever afterwards. Hence recjie fa- 
cere, to act tyrannically, regii spiritus, regia superbia, &c. 

The next in rank to the king was the tribunus, or pr/efectus 
CELERUM. Avho Commanded the horse under the king-, as after- 
Avards the magister equitum did under the dictator. 

1 A p. Bell. Civ. i. p. 
412. Liv. vii. 40.xxxii. 
7. Cic. Phil. xi. 5. 

2 in leges jurure, Liv. 



3 Liv.xxxvii. 57.Suet. 


iE.,. ill, 


. 80. Cic. Div. p. 220. 


Jul. 2i. 


i. 411. 


y Plin. ix. 


4 Uiony. ii. 13. Sail. 


6 Liv. i. 


.8. Flor. i. 5. viii. :S. '^. 


Cat. (> 


S;.H. < 


;at. 51. tin. 8 Liv. ii. 1. 


5 Dioiiy. ii. U. X\\<^, 


Diony. i 


:ii. CI. Sliab. V. 



CONSULS. 91 

When there v.as a vacancy in the throne/ which happened 
for a whole year after the death of Romulus, on account of a 
dispute betwixt the Romans and Sabines, about the choice of a 
successor to him, the senators shared the government amonpf 
themselves. They appointed one of their number who should 
have the chief direction of affairs, with the title of interrex, 
and all the ensigns of royal dignity, for the space of five days ; 
after him another, and then another, till a king was created.'^ 

Afterwards under the republic, an interrex Avas created to 
hold the elections when there was no consul or dictator, which 
happened either by their sudden death, or when the tribunes 
of the commons hindered the elections by their intercession.^ 



ORDINARY MAGISTRATES. 
I. CONSULS. 

1. FIRST CREATION, DIFFERENT NAMES, AND BADGES, OF CONSULS. 

After the expulsion of the kings, A. U. 244, two supreme ma- 
gistrates were annually created with equal authority ; that they 
might restrain one another, and not become insolent by the 
length of their command.^ 

They were anciently called pr.^etores, also imperatores, or 
JUDicEs,^ afterwards consules, either from their consulting for 
the good of the state,^ or from consulting the senate ^ and peo- 
ple,^ or from their acting as judges.^ From their possessing 
supreme command the Greeks called them' Til ATOI. If one 
of the consuls died, another was substituted ^" in his room for 
the rest of the year ; but he could not hold the Comitia for 
electing new consuls.^^ 

The insignia of the consuls were the same with those of the 
kings, except the crown ; namely, the toga pretexta, sella cu- 
rulis, the sceptre or ivory staflF,^^ and twelve lictors with the 
fasces and secures. 

Within the city the lictors went before only one of the con- 
suls, and that commonly for a month alternately.^"^ A public 
servant, called accensus, went before the other consul, and the 
lictors followed; which custom, after it had been long disused, 
Julius Cessar restored in his first consulship. He who waj- 
eldest, or had most children, or Avho was first elected, or had 
most suffrages, had i\\e fasces first.^* According to Dionysius,^^ 
the lictors at first went before both consuls,- and were restricted 

1 interregnum. Sail. Cat. 6. Varr. L. turn, Cic. Lepg. iii. 3. 12 scipio eburneus. 

2 Liv. i. 17 Diony. ii.57. L. v. 7. 8 Vurr. L. L. Iv. 14. 13 inensibus alternis, 

3 l.iv. iii. 55. vi. 35. 6 a reipublica consulen- 9 ajuilicando, Ouin. i.9. Liv. ii. 1. 

4 Gin. post red. Sen. 4. do, Cic. Pis. 10. Flor. 10 subrogutus vel sut- 14 Suet. Jul, 20. Cell. 
Kntr. 1. 9. i. 9- tectus est. ii. \5. h\v. ix 8. 

i Li\. iii. 55. Fest. 7 a consulendo sena- U Liv. >.i;. 18. 10 lib. v. 2. 



92 ROMAN ANTIQUITIES. 

to one of them by the law of Valerius Poplicola. We read in 
Livy, of 24 lictors attending the consuls/ but this must be un- 
derstood without the city. 

2. POWER OF THE CONSULS. 

As the consuls at first had almost the same badges with the 
kings, so they had nearly the same power.^ But Valerius, 
called POPLICOLA,^ took away the securis from the fasces,^ i. e, 
he took from the consuls the power of life and death, and only 
left them the right of scourging, at least within the city; for 
without the city, when invested with military command, they 
still retained the securis, i. e. the right of punishing capitally.^ 

When the consuls commanded different armies, each of them 
had the^^ce* and secwes ; but when they both commanded the 
same army, they commonly had them for a day alternately.*^ 

Poplicola likewise made a law, granting to every one the 
liberty of appealing from the consuls to the people ; and that no 
magistrate should be permitted to punish a Roman citizen who 
thus appealed; which law Avas afterwards cnce and again re- 
newed, and always by persons of the Valerian family. But this 
privilege Avas also enjoyed under the kings.^ 

Poplicola lilcewise ordained, that when the consuls came into 
an assembly of the people, the lictors should lower \\\e fasces in 
token of respect, and also that whoever usurped an office with- 
out the consent of the people might be slain with impunity. '^ 
But the power of the consuls was chiefly diminished by the 
creation of the tribunes of the commons, who had a right to 
give a negative to all their proceedings.-' Still, however, the 
power of the consuls was very great, and the consulship was 
considered as the summit of all popular preferment.^" 

The consuls were at the head of the whole republic.^^ All 
the other magistrates Avere subject to them, except the tribunes 
of the commons. They assembled the people and the senate, 
laid before them Avhat they pleased, and executed their decrees. 
The laAYs Avhich they proposed and got passed, Avere commonly 
called by their name. They received all letters from the go- 
vernors of provinces, and from foreign kings and states, and 
gave audience to ambassadors. The year Avas named after them, 
IS it used to be at Athens from one of the Archons.^^ Thus, M. 
Tullio Cicerone et L. Antonio consulibus, marked the 6i)0th 
year of Rome. Hence numerare multos consules, for annos}^ 
Bis jam pene tihi consul trigesimus indat , you are near sixty 

1 ii 55. 5 Dioiiy. v. 19. 59. Liv. i. 2<i. viii. 35. ]0 honorum populi iljiis 

2 Liv. ii. 1. xxiv. 9. 8 Liv. ii. 7. Diony. v. tie. Plane, 'ib. 

3 a popuio colendo. 6 altc-ruis imperitabant, 19. } I Cic Mur. b5. 

4 sec.irim fascibiis ade- Liv. xxii.41. 9 omnibus actis inter- 12 Cic. Fat. '.). 
luit. 7 Liv. ii. 8. ill. 55.x. 9. cedero. ^3 Sen. J. p. I . 



C0NSU1.S. 93 

years old.^ And the consuls were said aperire annum, fastos- 
que reseraref- 

He who had most suffrages was called consul prior, and his 
name was marked first in the calendar.^ He had also th^ fasces 
first, and usually presided at the election of magistrates for the 
next year. 

Every body went out of the way, uncovered their heads, dis- 
mounted from horseback, or rose up to the consuls as they pass- 
ed by.* If any one failed to do so, and the consul took notice 
of it, he was said to order the lictor animadvertere.^ Acilius 
the consul ordered the curule chair of Lucullus the praetor to be 
broken in pieces, when he was administering justice, because 
he had not risen up to him when passing- by.^ When a pr^tor 
happened to meet a consul, his lictors always lowered their 
fasces. '^ 

In the time of war the consuls possessed supreme command 
They levied soldiers, and provided what was necessary for their 
support. They appointed the military tribunes, or tribunes of 
the legions, (in part; for part was created by the people,)^ the 
centurions, and other officers.^ 

The consuls had command over the provinces,^" and could, 
when authorized by the senate, caU persons from thence to 
Rome,^^ and punish them.^^ They were of so great authority, 
that kings, and foreign nations, in alliance with the republic, 
were considered to be under their protection. ^"^ 

In dangerous conjunctures the consuls were armed with abso- 
lute power by the solemn decree of the senate, ut viderent, vel 
DARENT OPERAM, &c.^^ In any sudden tumult or sedition, tlie 
consuls called the citizens to arms in this form : qui rempublicam 

SALVAM ESSE VEUT, ME SEQUATUR.^^ 

Under the emperors the power of the consuls Avas reduced to 
a mere shadow ; their office then only Avas to consult the se- 
nate, and lay before them the ordinances'^ of the emperors, to 
;ippoint tutors, to manumit slaves, to let the public taxes, which 
had formerly belonged to the censors, to exhibit certain pub- 
lic games and shows, Avhich they also sometimes did under the 
republic,''^ to mark the year by their name, &c. They retained, 
however, the badges of the ancient consuls, and even gi'eater 
external pomp. ¥ov they wore the toga picta or palmata, and 
had their fasces wreathed Avith laurel, which used formerly to 
be done only by those Avho triumphed. They also added the 
securis to the fasces. 

see p. 18. 
15 Gic. Rab. 7. Tusc. 

Quxst. iv. 23. 
lO nlacita. 
l7 0v.Pont.iv.5.18.Ep. 

ix. 47. Cic. Ort. ii. 17. 



1 Martial, i. 16. 3. 


6 Dio. xxxvi. 10. 24. 


11 Romam evocare, ex- 


2 Plin. Pdn. 58. 


7 Diony. viii. 14. 


ciie, V. accire. 


3 in fastis. 


8 see Lex Attilia. 


V2 Cic. Verr. i.38.Liv. 


4 Sen. E]). 64. 


9 Gic. Legg, iii. ; 
Polyb. vi. 34. 


3. iii. 4. xxix. 15 


5 Liv. xxiv. 44. Suet. 


13 Cic. Sext. 30. 


Jul. 80. 


10 Cic. Pliil. iv. 4. 


14 Liv. iii. 0. vi. 19. 



94 ROMAN ANTIQUITIES, 

3. DAY ON WHICH CONSULS ENTERED ON THEIR OFFICE. 

In the beginning of the republic, the consuls entered on their 
office at different times ; at first, on the 23d or 24th of Febru- 
ary,^ the day on which Tarquin was said to have been expelled,^ 
which Avas held as a festival, and called regifugium ; '^ after- 
wards, on the first of August,* which was at that time the begin- 
ning of the year, i. e. of the consular, not of the civil year, 
which always began with January.^ In the time of the decem- 
viri, on the fifteenth of May.*^ About fifty years after, on the 
15th of December. '^ Then on the 1st of July,^ which continued 
till near the beginning of the second Funic war, A. U. 530, 
when the day came to be the 15th of March.^ At last, A. U. 
598 or 600,^° it was transferred to the 1st of January," wliich 
continued to be the day ever after. ^^ 

After this the consuls were usually elected about the end of 
July or the beginning of August. From their election to the 
1st of January, when they entered on their ofiice, they were 
called coNsuLEs designati ; and whatever they did in public 
affairs, they were said to do it by their authority, not by their 
power.^'^ They might, however, propose edicts, and do several 
other things pertaining to their office.^* Among other honours 
paid to them, they were always first asked their opinion in the 
senate.^^ The interval was made so long, that they might have 
time to become acquainted with what pertained to their oflice ; 
and that inquiry might be made, whether they had gained their 
election by bribery. If they were convicted of that crime upon 
trial, they were deprived of the consulship, and their competi- 
tors, who accused them, were nominated in their place.^'' They 
were also, besides being fined, declared incapable of bearing 
any ofiice, or of coming into the senate, by the Calpurnian and 
other laws, as happened to Autronius and iSylla.^^ Cicero made 
the punishment of bribery still more severe by the Tullian law, 
which he passed by the authority of the senate, with the addi- 
tional penalty of a ten years' exile. ^^ 

The first time a law was proposed to the people concerning 
bribery was A. U. 397, by C Pfetilius, a tribune of the com- 
mons, by the authority of the senate. ^^ 

On the 1st of January, the senate and people Avaited on the 
new consuls^" at their houses, (which in aftertimes was called 
officium) ^^ Avhence being conducted with great pomp, wliich was 

1 vli. vel vi. Kal. Mart. 9 Id. Mart. auctoritate, Cic. Pis. 4. ut novnrum inaxiiiie 

2 Ov. F. ii. 685. 10 Q. Fulvio etT. An- Sext. 32. homiiium aiiibitio, qui 

3 Fest. nil), Coss. 14 Dio. xl. 66. nundinas et coiicilia- 

4 Kal. Sext. 11 in Kal. Jan. 15 see p. 9. bula obire soliti i.-runt, 

5 Liv. iii. 6. 1?. dies solennis magis- 16 Cic. Sull. 17. '3i. comprinieretur, Liv. 

6 Id. Mail, ib. 36. tratibus iiieundis, Liv. 17 Cic. Com. Mur. 23. vii. 15. 

7 Id. Decemb. Liv. iv. Kpit. 47. Ov^ Fast. i. &c. Sail. Cat. 18. 20 salutabant. 
37.V. 11. 81. iii. 117. 18 Mur. 32. Vat. 15, 21 Vlin. Kp. ix. 37. 

8 Kal. Quinct. Liv. v. ]3 quod poteslate non- Sext. 64. 

32. viii. <iO. duni poterat, obtinuit 19 auctoribus patribus; 



CONSULS. 95 

(tailed PROCESSUS consularis, to tlie Capitol, they offered up 
their vows,^ and sacrificed each of them an ox to Jupiter ; and 
then began their office,^ by holding the senate, consulting- it 
about the appointment of the Latin holidays, and about other 
things concerning religion,^ Within five days they were 
obliged to swear to observe the laws, as they had done when 
elected.* And in like manner, Avhen they resigned their office, 
they assembled the people, and made a speech to them about 
what they had performed in their consulship, and swore that 
they had done nothing against the laws. But any one of the 
tribunes might hinder them from making a speech, and only 
permit them to swear, as the tribune Metellus did to Cicero,^ 
whereupon Cicero instantly swore with a loud voice, that he 
had saved the republic and the city from ruin ; which the whole 
Eoman people confirmed Avith a shout, and with one voice cried 
out, that what he had sworn was true ; and then conducted him 
from the forum to his house with every demonstration of respect.^ 

4. PROVINCES OF THE CONSULS. 

During the first days of their office, the consuls cast lots, or 
agreed among themselves about their provinces,^ 

A province,^ in its general acceptation, is metaphorically 
used to signify the office or business of any one, whether private 
or public ; thus, Geta, provinciam cepisti duram.^ Before 
the Roman empire was widely extended, the province of a con- 
sul was simply a certain charge assigned him, as a war to be 
carried on, &c,, or a certain country in which he was to act 
during his consulship.^" 

Anciently these provinces used to be decreed hy the senate 
after the consuls Avere elected, or had entered on their office. 
Sometimes the same province was decreed to both consuls." 
Thus both consuls were sent against the Samnites, and made to 
pass under the yoke by Pontius, general of the Samnites, at the 
Furcae Caudinae. So Paulus jEmilius and Terentius Varro 
were sent against Hannibal, at the battle of Cannae.^^ 

But by the Sempronian law, passed by C. Sempronius Grac- 
chus, A. U. 631, the senate always decreed two provinces for 
the future consuls before their election,^^ which they, after en- 
tering on their office, divided by lot or agreement.^* In latter 
times the province of a consul was some conquered country, re* 

1 vota iiuncupabaiit. 5 Dio. xxxvii. 38. 8 provincia. xl. 1. et alibi passim. 

2 muims suum auspica- 6 C'ic. Pis. 3. Ep Fam. 9 i'er. Pliorin. i. 2. 22. 12 Liv. ix 1. xxii. 40. 
bantur. v. 2. Heaut. iii. 2. 5. xxv. 3. xxvii. 22, 8ic. 

3 Ov. Pont. iv. 4. 9. 7 provincias inter se JU Liv. ii. 40. 54. 58. 13 Cic. Dom. 9. Prov.. 
Liv. xxi. ti3. xxii. 1. sortiebantur, aut para- iii. 10. 22. 25. v. 32. vii. Cons. 2. Sail. Jug. 
xxvi. 26. Cic. post baiit, vel conipara- 6. 12. yiii. 1, 2.J. ix. 41. '27. 

red. ad Quir. 5. RuU, bant: provincias par- x. 12. xxvi. 29. xliii. 14 sorte vel cnmpara. 

ii. 3-1. Dio. Frnm'. 120. titi sunt, Liv. il.40.iii. 14, 15. Flor. i. 11. tione jarliti sunU 

i Liv. xxxi. 5U. Plin. 10. 2J. 57. et alibi pas- 11 Liv. x 32. xxxii. S. 

Paji. 64, CJ. slm. xxxiii, 29. xxxiv. 4.'. 



OG ROMAN ANTIQUITIES. 

duced to the form of a province,^ which each consul, after the 
expiration of his office, should command; for during the time 
of their consulship they usually remained in the city.'^ 

The provinces decreed to the consuls were called provinci.e 
coNsuLAREs ; to the prastors, pr.etori.e. 

Sometimes a certain province Avas assigned to some one of 
the consuls ; as Etruria to Fabius, both by the decree of the 
senate, and by the order of the people: Sicily to P. Scipio: 
Greece, and the war against Antiochus, to L. Scipio, by the de- 
cree of the senate. This was said to be done extra ordinem^ 
extra sortem vel sine sorte, sine cornparatione.^ 

It properly belonged to the senate to determine the provinces 
of the consuls and prretors. In appointing the provinces of the 
praetors, the tribunes might interpose tiieir negative, but not in 
those of the consuls.* Sometimes the people reversed what the 
senate had decreed concerning the provinces. Thus the war 
against Jugurtha, which the senate had decreed to Metellus, 
was given by the people to Marius.^ And the attempt of Ma- 
rius, by means of the tribune Sulpicius, to get the command of 
the war against Mithridates transferred from Sylla to himself, 
by the suffrage of the people, gave occasion to the first civil war 
at Rome,^ and in fact gave both the occasion and the example 
to all the rest that followed. So when the senate, to moxtify 
Caesar, had decreed as provinces to him and his colleague Bi- 
bulus, the care of the woods and roads, Caesar, by means of the 
tribune Vatinius, procured from the people, by a new and ex- 
traordinary law, the grant of Cisalpine Gaul, with the addition 
of Illyricum, for the term of five years; and soon after also 
Transalpine Gaul from tlie senate, which important command 
was afterwards prolonged to him for other five years, by the 
Trebonian law.^ 

No one was allowed to leave his province without the permis- 
sion of the senate, which regulation, however, was sometimes 
violated upon extraordinary occasions,^ 

If any one had behaved improperly, he might be recalled 
from his province by the senate, but his military command could 
^only be abolished^ by the people.^" 

The senate might order the consuls to exchange their pro- 
vinces, and even force them to resign their command." 

Pompey, in his third consulship, to check bribery, passed a 
law, that no one should hold a province till five years after the , 

1 see page 59, 

2 hence Cicero says, 
turn bella gerere nos- 
tri (luces inciljiunt, 
cum uuspicia, i. e.con- 
siilaluui et praiturani, 
posuerunt, Nat. D. ii. 
'i, for proprxtors and 



proconsuls had not the 


4 Cic. Prov. Cons 


8. 


Cms. 8. Ep. Fam. i 


right of takins; the au- 


5 ,Sall.JuH.73. 




7. see page 17. 


spices, auspicia non 


6 Plut. Mar. & 


Syll. 


8 Liv. X. 18. xxvii. -13. 


habebant, Cic. Div. ii. 


App. Bell. C:v. 1 




sxix. 19. 




7 Suet. Jul. 19. 2 


. Cic. 


9 abrogari. 


3 Liv. lii. 2. vi. SO. X. 


Dom. 9. Vat. 15. 


Suet. 


10 Liv. xxix. 19. 


24. x;;viii. ^8. xxxviL 


])io. xxxviii. 6. 


Liv. 


11 Liv. V. 32. XX vi. CO. 


1. Sec. 


lip. 105. Cic. 


I'niv. 





CONSULS. 97 

expiration of his magistracy ; ^ and that for tiiese five years, 
while the consuls and pr^tors were disqualified, the senators 
of consular and proetorian rank, who had never held any foreign 
command, should divide the vacant provinces among themselves 
by lot. By which law the government of Cilicia fell to Cicero 
against his wiU.^ Csesar made a law, that the prffitorian pro- 
vinces should not be held longer than a year, nor the consular 
more than two years. But this law, Avliich is much praised by 
Cicero, was abrogated by Antony.'^ 

5. FROM WHAT ORDER THE CONSULS WERE CREATED. 

The consuls were at first chosen only from among the patri- 
cians, but afterwards also from the plebeians. This important 
change, although in reality owing to weightier causes, was im- 
mediately occasioned by a trifling circumstance. M. Fabius 
Ambustus, a nobleman, had two daughters, the elder of whom 
was married to Suipicius, a patrician, and the younger to C. 
Licinius ^tolo, a plebeian. While the latter was one day visit- 
ing her sister, the lictor of Suipicius, who was then military 
tribune, happened to strike the door with his rod, as was usual 
when that magistrate returned home from the forum. The 
young Fabia, unacquainted with that custom, was frightened at 
the noise, Avhich made her sister laugh, and express surprise at 
her ignorance. This stung her to the quick : and upon her 
return home she could not conceal her uneasiness. Her father, 
seeing her dejected, asked her if all was well ; but she at first 
would not give a direct answer; and it was with difficulty he at 
last drew from her a confession that she Avas chagrined at being- 
connected with a man who could not enjoy the same honours 
with her sister's husband. For although it had been ordained 
by law that the military tribunes should be created promiscu- 
ously from the patricians and plebeians, yet for forty-four years 
after the first institution, A. U. 31 1, to A. U. 355, no one ple- 
beian had been created, and ve^y few afterwards.* Ambustus, 
therefore, consoled his daughter with assurances that she should 
soon see the same honours at her own house which she saw at 
her sister's. To effect this, he conceited measures with his son- 
in-law, and one L. Sextius, a spirited young man of plebeian 
rank, who had every thing but birth to entitle him to the high- 
est preferments. 

Licinius and Sextius being created tribunes of the commons, 
got themselves continued in that office for ten years ; for five 
years they suffered no curule magistrates to be created, and at 
last prevailed to get one of the consuls created from among tlie 
plebeians.^ 

I Dio. xl. 46. 3 Cic. I'liil. i. 8. IS. vi. 30. 37. 

3 CU-. i 11. Funi. iii, 2. 4 Liv. iv. t. v. Vi, 13. 5 Liv. vi. 35, 42. 

I 



98 ROMAN ANTIQUITIES. 

L. Sextius was the first plebeian consul, and the second year 
after him, C. Licinius Stolo, from whom the law ordaining one 
of the consuls to be a plebeian, was called lex licinia.^ fc^ome- 
times both consuls were plebeians, which was early allowed by 
law. But this rarely happened ; the patricians for the most 
part engrossed that honour.^ The Latins once required, that 
one of the consuls should be chosen from among them, as did 
afterwards the people of Capua ; ^ but both these demands were 
rejected with disdain. 

The first foreigner who obtained the consulship was Cornelius 
Balbus,^ a native of Cadiz ; who became so rich, that at his 
death, he left each of the citizens residing at Home, 23 drachmte, 
or denarii, i. e. 16s. IfdJ 

6. LEGAIi AGE, AND OTHER REQUISITES FOR ENJOYING THE CONSULSHIP. 

The legal age for enjoying the consulship ^ was forty-three ; ^ 
and whoever was made consul at that age, was said to be made 
in liis own year.^ 

Before one could be made consul, it was requisite to have 
gone through the inferior offices of quaestor, sedile, and praitor. 
It behoved candidates for this office to be present, and in a pri- 
vate station,^ and no one could be created consul a second time 
till after an interval of ten years.^" 

But these regulations were not always observed. In ancient 
times there seem to have been no restrictions of that kind, and 
even after they were made, they were often violated. Many 
persons were created consuls in their absence, and without ask- 
ing it, and several below the legal age ; thus M. Valerius Corvus 
at twenty-three, Scipio Africanus the elder, at twenty-eight, and 
the younger at thirty-eight, T. Quinctius Flaminius, Avhen not 
quite thirty,^^ Pompey, before he was full thirty-six years old.^~ 

'i'o some the consulship was continued for several years with- 
out intermission ; as to Marius, who was seven times consul, and 
once and again created in his absence.^'^ Several persons were 
made consuls without having previously borne any curule office.^^ 
Many were re-elected within a less interval than of ten years.^^ 
And the refusal of the senate to permit Csesar to stand candi- 
date in his absence, or to retain his province, gave occasion to 
the civil ^var betwixt him and Pompey, which terminated in 
the entire extinction of liberty.^'' 

1 Liv. viL 1, 2. 21. 7 Cic. Phil. v. 17. tus consul ante fiobat, the quasstorship and 

2 1-iv. vii. IS, 19. 42. 8 suo auiiu, Cic. Rull. quam uUum niagistra- tribuneship, Cic. Leg. 
xxiii. 31. et alibi pas- ii. 2. turn per legps capere IVlan. 21. 

sm. Sail. Jug. Cj3. Cic. 9 see p. 72. licuissct, i. e. before 13 Liv. Epit. 67, 68.80. 

Rull. ii, 1. 10 Liv. vii. 42. X. 13. by law he could be 14 Liv. xxv. 4-:i. xxxii. 

3 Liv. viii. 4,5. xxxiii. 6. 11 Cic. Amic. 3. Liv. made aitlile, which was 7. Dio. xxxvi.2o'. 

4 Plin. viii. 43. s. 44. vii. 26. xxv.2.xxvi. 18. the first office properly 15 Liv. passim. 

Veil. ii. SIT' xxviii. 38. tpit. xlix. called magistratus, al- 16 Cics. Bell. Civ. i. 2, 

5 Dio. xlviii. 32. Plut. though that title is 3. 

6 astas coiisulai is. 12 ex S.C. legibussolu- often applied also to 



99 



7. ALTERATIONS IN THE CONDITION OF THE CONSULS UNDER 
THE EMPERORS. 

Julius C^sar reduced the power of the cor.suls to a mere 
name. Being- created perpetual dictator/ all the other magi- 
strates Avere subject to him. Althoug'h the usual form of electing 
consuls was retained, he assumed the nomination of them en- 
tirely to himself. He was dictator and consul at the same time,^ 
as Sylla had been before him ; but he resigned the consulship 
when he thought proper, and nominated whom he chose to suc- 
ceed him. When about to set out against the Parthians, he 
settled the succession of magistrates for two years to come.^ 
He introduced a custom of substituting consuls at any time, for 
a few months or weeks ; sometimes only for a few days, or even 
hours;* that thus the prince might gratify a greater number 
with honours. Under Coramodus, there were twenty-five con- 
suls in one year.^ The usual number in a year was twelve. 
But tlie consuls who were admitted on the first day of January 
gave name to the year, and had the title of ordinarii, the others 
being styled suffegti, or minores.^ 

The consuls, when appointed by the emperor, did not use any 
canvassing, but went through almost the same formalities in 
other respects as under the republic.^ In the first meeting of 
the senate after their election, they returned thanks to the eni- 
pei'or in a set speech, Avhen it w^^s customary to expatiate on his 
virtues ; which was called iionore, vel in honorem principis cen- 
SERE, because they delivered this speech, when they wei'e first 
asked their opinion as consuls elect. Pliny afterwards enlai-ged 
on the g-eneral heads, which he used on that occasion, and 
published them under the name of panegyricus ^ NervcB Trajano 
Augusto dictus. 

Under the emperors there were persons dignified merely with 
the title, without enjoying- the office, of consuls ;^^ as, under the 
republic, persons who had never been consuls or prastors, on 
account of some public service, obtained the right of sitting and 
speaking- in the senate, in the place of those who had been 
consuls or prastors,^^ which was called aiictoritas vel sententia 
consularis aut prcBtoria}- 

Those Avho had been consuls were called consulares ; ^^ as 
those who had been prastors, were called pr-iltorii ; aediles, -edi- 
LiTii ; qucestors, ouestorii. 

1 Suet. 70. Jul. 76. Cir. Fam. vii. 93. 54. see page 9. 6. v. 17. Liv.Epit. US. 

2 Cic. Ph:l. li. 32. Suet. 30. Dio. xliii. 30. 9 i. f. Aoyot Ta.^Y"P'"?i 12 Cic. Vat. 7. Balh. 
Jul. 41. i6.Dio. xliii.l. 5 Laniprid. 6. oratlo in conventu ha- 25. so, allectus inter 

3 consules et trinunos t) Dio. xlviii. 35. bita, a -iraviryvpi^, en- piaj'orios, Plin. Ep. i. 
plebis in biennium, 7 Plin. Ep. L\. 13. Pan. ventus, Cic. Att. i. 1-1. 1-1. Pallanti senatusor- 
quos voluit, Cir. Alt. 63 64,65.69.77.92. 10 consuies lionorarii. nameiita prsetoria de- 
xiv.6. Dio.xliii. 51. 8 Plin En. iii. 13. 1?. 11 loco consular! vl crevit, vii. 2-». viii. 6. 

1 Lucan. v. 397. Suet vi. 27. Pan. "i 10, 91. prxtorio, Cic. Phil. i. 13 Cic. Fam. xii. 4, &c. 



2 



100 



ROMAN ANTIQUITIKS. 



Under Justinian, consuls ceased to be created, and the year, 
of consequence, to be distinguished by their name, A. U. 1293. 
But the emperors still continued to assume that office the first 
year of their sovereignty. Constantino created two consuls 
annually; M'hose office it was to exercise supreme jurisdiction, 
the one at Rome, and the other at Constantinople. 

II. PR^TORS. 

1. INSTITUTION AND POWER OF THE PR.ETOR. 

The name of PRiExoR^ Avas anciently common to all the magi- 
strates ; thus the dictator is called prrBtor maximus? But when 
the consuls, being engaged in almost continual wars, could not 
attend to the administration of justice, a magistrate was created 
for that purpose, A. U. 389, to Avhom the name of pr^tor was 
thenceforth appropriated. He was at first created only from 
among the patricians, as a kind of compensation for the consul- 
ship being communicated to the plebeians ; but afterwards, A. U. 
418, also from the plebeians."^ The prastor was next in dignity 
to the consuls, and was created at the Comitia Centuriata Mith 
the same auspices as the consuls, whence lie was called their col- 
league. The first praetor was Sp. Furius Camillus, son to the great 
M. Furius Camillus, who died the year that his son was prastor.^ 

When one praetor was not sufficient, on account of the number 
of foreigners who flocked to iiome, another pr^tor was added, 
A. U. 510, to administer justice to them, or between citizens 
and them,^ hence called pr.etor peregrinus. 

The two praetors, after their election, determined, by casting 
lots, which of the two jurisdictions each should exercise. 

The praetor who administered justice only between citizens, 
was called pr-etor urbanus, and was more honourable ; whence 
he was called pr^tor honoratus,'' major ; "' and the law derived 
from him and his edicts is called jus honorarium. In the ab- 
sence of the consuls he supplied their place,^ He presided in 
the assemblies of the people, and might convene the senate : but 
only when something new happened.^ He likewise exhibited 
certain public games, as the Ludi Apollinares ; the Circensian 
and Megalesian games ; and therefore had a particular jurisdic- 
tion over players, and such people ; at least under the empe- 
rors.^" When there was no censor, he took care, according to 
a decree of the senate, that the public buildings were kept in 
proper repair.'^ On account of these important offices, he was 
not allowed to be absent from the city above ten days.^^ 

1 is qui praiit jure et 4 Liv. vii. 1. viii. 32. — xxii. 3G. 9 Clc. Fam. xii. 28. 
exercitu, Varro, 07-pa- Gell. xiii. 14. Pliu. 6 Ov. Fast. i. 52. *10 Liv. xxvii. 23. Juv. 
Tijyof. Pan. 77. 7 Festus in voce Major xi. 1U2. Tac. Ann. i.77. 

2 Liv. iii. 55. vii. 3. 5 qui inter cives Roma- consul. 11 sarlH tecta exigeb.it, 
Asc. Cic. nos et peregrines jus 8 inunus consulare susti- Cic. Ver. i. 5(1. 

3 Liv. viii. 15. diceret, Liv. lipit. xix, uebat, Cic. Fam. x. 12. 12 Cic. Phil. ii. 13. 



PR.ETORS. 101 

The power of the praetor in the administration of justice uas 
expressed in these three words, do, dico, addico. PrcBtor dabat 
actionem et judices ; the pra?tor gave the form of a writ for 
trying- and redressing a particular >\Tong complained of, and ap- 
pointed judges or a jury to judge in the cause ; dicebat jus, 
pronounced sentence ; addigebat bona vel damna, adjudged the 
goodsof the debtor to the creditor, &c. 

The days on which the prstor administered justice were 
called DIES fasti.^ Those days on Avhich it Avas unlawful to 
administer justice, were called nefasti. 

llle nefastus erit, per quern tria verba silentur : 

Fastus erit, per quern lege licebit agi. Ov. Fast. i. 47. 

2. EDICTS OF THE PB.ETOR. 

The prcefo?' urbanus, when he entered on his office, after 
having sworn to the observance of the laws, published an edict/ 
or system of rules,^ according to which he was to administer 
justice for that year ; whence it is called by Cicero lex annua.* 
Having summoned an assembly of the people, he publicly de- 
clared ^ from the rostra ^ what method he was to observe^ in 
administering justice.^ This edict lie ordered not only to be 
recited by a herald,^ but also to be publicly pasted up in writ- 
ing,^° in large letters.'^ These words used commonly to be pre- 
fixed to the edict, bonum factum.^- 

Those edicts which the prtctor copied from the edicts of his 
pi'edecessors wei'e called tralatitia; those A\hich he framed 
himself, were called nova ; and so any clause or part of an edict, 
caput tralatitium vel novum.^^ But as the prastor often, in the 
course of the year, altered his edicts through favour or enmity,^ ^ 
this was forbidden, first by a decree of the senate, A. U. 5S5, 
and afterwards, A. U. 686, by a law which C. Cornelius got 
passed, to the great offence of the nobility, ut pr-^^tores ex 
edictis suis perpetuis, jus dicerext, i. e. that the prastoi's, in 
administering justice, should not deviate from the form which 
they prescribed to themselves in the beginning of their office.'^ 
From this time the law of the praetors ^^ became more fixed, and 
lawyers began to study their edicts with particular attention, 
some also to comment on them.^*^ By orcler of the emperor 
Hadrian, the various edicts of the praetors were collected into 
one, and properly arranged by the lawyer 8alvius Julian, the 
great-grandfather of the emperor Didius Julian ; which was 

1 a fando, quoil lis die- scendisset. bis Uteris notata, pub- 13 Cic. Varr. i. 45. 
bus haec tria verba I ari 7 quae observaturus es- lice propoui, unde de 14 Gir. Verr. i. 41. 46. 
licel)at. set. piano, i. e. de liumo, 15 Asc. in Cic. Corn. 

2 edictum. 6 C\r. Fin. ii. 22. recte legi posset. —Die. Cass. 36. c. 22, 

3 formula. 9 Plaut. Prol. Poen. 11. 11 Uteris majuscniis, 23. 

4 Cic. Verr. i. 42. 10 scriptuin in albo, i- Suet. Gal. 41. 16 jus prstorium. 

5 edicelMi. e. in tabula dealbata, 12 t^uet. Jul. 80. Vit. 17 Cic. Leg--, i. 5. GoU. 

6 cum iu coucionrmad- vel, i:t alii dicunt, a- U. Plaut. ibid. xiii- U'. 



102 



ROMAN ANTIQUITIES. 



thereafter called edictum perpetuum, or jus honorarium, and no 
doubt was of the greatest service in forming- that famous code 
of the Roman laws called the corpus juris, compiled by order 
of the emperor Justinian. 

Beside the general edict which the praetor published when lie 
entered on his office, he frequently published particular edicts 
as occasion required.^ 

An edict published at Rome w as called edictum urbanum ; in 
the provinces, provinciale, SiciJiense,^ ^c. 

Some think that the prcetor urbanus only published an annual 
edict, and that the prcBtor peregrinus administered justice, either 
according to it, or according to the law of nature and nations. 
But we read also of the edict of the praetor peregrinus. And it 
appears that in certain cases he might even be appealed to for 
relief against the decrees of the praetor urbanus.^ 

The other magistrates published edicts as well as the prfetor : 
the kings, the consuls, the dictator, the censor, the curule 
^diles, the tribunes of the commons, and the quaestors.^ So the 
provincial magistrates,^ and under the emperors, the praefect of 
the city, of the praetorian cohorts, &c. So likewise the priests, 
as the pontifices and decemviri sacrortim, the augurs, and in 
particular, the pontifex maximus.^ All these were called hono- 
RATi, honore honestati, honoribits honorati^ honore vel honoribiis 
usi ; ^ and therefore the law which was derived from their edicts 
Avas also called jus honorarium. But of all these, the edicts of 
the praetor were the most important. 

The orders and decrees of the emperors were sometimes also 
called edicta, but usually rescript a.^ 

The magistrates in composing their edicts took the advice of 
the chief men of the state ; ^ and sometimes of one another.^" 

The summoning of any one to appear in court, was likewise 
called edictum. If a person did not obey the fii-st summons, it 
was repeated a second and third time ; and then what was call- 
ed a peremptory summons was given,^^and if any one neglected 
it, he was called contumacious, and lost his cause. Sometimes 
a summons of this kind was given all at once, and was called 
UNUM PRO OMNIBUS, or uNUM PRO TRiBus. We read of the sena- 
tors being summoned to Rome from all Italy by an edict of the 
praetor.^^ 

1 edicta peculiaria. et 43. Cic. Phil. ix. 7. amplissimos civitalis Cic. Oft'. iii.20. Marins 
repentina, Cic. Verr. Verr. ii 41. iii. 7. multos in consilium quod comniuniter com- 
iii. 14. 5 Cic. Epist. pas-im. advocassent, de consi- positum fuerat, solus 

2 Cic. Verr. iii. 43. 46. 6 Liv. xl. 37. Val. Max. Iii senteiitia pronunci- edixit, ibid. 

45 &c, viii. 2. 1. Tac. Hist. ii. arunt, &c. Cic. Verr, 11 edictum perempto- 

3 Cic. Fam. xiii. 59, 91. Cell. ii. 28. iii. 7. rium dabatur, quoddis- 
Verr. i. 46. Asc. Cic. 7 Liv. XXV. 5. Ov. Pont. 10 thus, cum collegium ceptationem periineret, 
Cjcs. Bell. Civ. iii. 20. if. 5. 2. Sail. Cat. 35. pra;t"r:uni tvibuni pleb. ) e. ultra tergiversari 
Di<i. xlii. 22. Veil. ii. 124. Flor. i. adhibuissent, ut res non pateretur, which 

4 Jjiv. i. 32. 44. ii 24. 13. Cic. Flacc. 19. nummaria de conimuiii admitted of no faither 
30. viii. 0. 31. xliii. 14. 8 see page 20. senteutla constituere- delay. 

NftiJ. C.it. i. Gell. XV. 9 thus, consules cum lur ; conscripserunt 13 Liv. xliii. 11. 
Jl. Plant. Gapt. i\. 8, viros priujarios atque coaimuniter edictum, 



PR.a;TORS). ]03 

Certain decrees of the praetor were called interdicta; as 
about acquiring, retaining-, or recovering- the possession of a 
thing ; ^ also about restoring, exhibiting, or prohibiting a thing ; 
Avhence Horace,^ interdicto huic (sc. insano) ornne adimat jus 
pr(Btor, i. e. bonis interdicat, the praetor by an interdict would 
take from him the management of his fortune, and appoint him 
a curator,^ according to a law of the twelve tables.^ 

3. INSIGNIA OF THE PR^TOR. 

The praetor was attended by tAvo lictors in the city, who went 
before him with the fasces,^ and by six lictors without the city. 
He wore the toga prcstexta, which he assumed, as the consuls 
did, on the first day of his office, after having offered up vov.s ^ 
in the Capitol. 

When the prcetor heard causes, he sat in the forum or Comi- 
tium, on a tribunal,^ which Avas a kind of stage or scaffold,^ iu 
Avhich was placed the sella curulis of the praetor,^ and a sword 
and a spear ^" were set upright before him. The tribunal was 
made of Avood, and movable, so lai'ge as to contain the asses- 
sores or counsel of the praetor, and others,^^ in the form of a 
square, as appears from ancient coins. Eut when spacious halls 
Avere erected round the forum, for the administration of justice, 
called BAsiLiCE, or regicB, sc. cedes vel porticus^^ from their 
largeness and magnificence, the tribunal in them seems to have 
been of stone, and in the form of a semicircle, the two ends of 
Avhich were called cornua, oy partes primores}^ The first basi- 
lica at Rome appears to have been built by M. Porcius Cato, 
the censor, A. U. 566, hence called Porcia.^^ 

The JuDicEs, or jury appointed by the praetor, sat on lower 
seats, called subsellia, as also did the advocates, the witnesses, 
and hearers.^^ Whence subsellia is put for the a(^t of judging, 
or of pleading ; thus, versafus in utrisque subselliis, cum surmna 
fama et fide ; i. e. judicem et patronum egit. A subselliis 
alienus, &c. i. e. causidicus, a pleader. For such were said 
habitare in subselliis, a subselliis in otium se conferre, to retire 
from pleading, ^^ 

The inferior magistrates, Avhen they sat in judgment,^^ did 
not use a tribunal, but only subsellia ; as the tribunes, plebeian 
eediles, and quaestors, &c.^^ 

The benches on which the senators sat in the senate-house 

1 Cic. CsEC. 3. 14. 31. interdici jubebat, Cic. 11 Suet. Caes. 84. Cic. 15 Cic. Rose. Am. 11. 
Or. i. 10. to whiuli Ci- Sen. 7. Vat. 14. Or. i. 37. Brut. Or. i. 62. Flacc. IC. 
cero alludes, urbanita- 5 Plaut. Ep. i. 1. 26. 84. Brut. 84. Suet. Aug. 
tis possessionem qui- 6 votis nuncupatis. 12 Suet. Anj. 31. Gal. 56. 

busvis interdlctis de- 7 in, or oftener pro tri- 37. JStat Silv. i. 1. '29. 16 Suet. Ner. 17. Cic 

fendamus,Fam. vii. 32. bunali. BaTtXt/eat (rroac, Zos. v. Or. i. 8. 62. ii. 3.3.CaBC. 

2 Sat. ii. 3. 217. 8 sugffestum v. -as. '2. J"S. A. xvii. 11. 15. Fam. xi L 10. 

3 Hor. Ep. i. 1. 102. 9 Cic."Ver. ii.38. Mart. 13 Vitr. v. 1. Tac. Ann. 17 judicia exerccbant. 

4 quae furiosis et male xi. 99. al. 98. i. 75. Suet. T.b. 33. 18 Asc. Cic. Surt. 
rem gerentibus bonis 10 gladius et hasta. 14 Liv. xxxix. 44. Cluud' 23< 



104 ROMAN ANTIQUITIES. 

were likewise called subsellia. Hence lonni subsellii jndicatio, 
the slowness of the senate in decreeing.^ And so also the seats 
in the theatres, circus, &c. ; thus, senatoria subsellia; bis septena 
subsellia, the seats of the equites.- 

In matters of less importance, the praetor judged and passed 
sentence without form, at any time, or in any place, whether 
sitting- or walking ; and then he was said cognoscere, interlo- 
qui, discutere, e vel de plano ; or, as Cicero expresses it, ex 
(Bquo loco, nan pro, vel e tribunali, aut ex superiore loco ; M'hich 
expressions are opposed.^ But about all important affairs he 
judged in form on his tribunal; whence atque Jicec agebantur in 
conventu palam, de sella ac de loco superiore.'^ 

The usual attendants ^ of the prajtor, besides the lictors, were 
the scRiBJi, who recorded his proceedings ; ^ and the accensi, 
who summoned pei'sons, and proclaimed aloud when it was the 
third hour, or nine o'clock before noon ; when it was niid-d;)y, 
and when it was the ninth hour, or three o'clock afternoon.' 

4, NUMBER OF PR.ETORS AT DIFFERENT TIMES, 

While the Roman empire was limited to Italy, there were 
only two prffitors. When Sicily and Sardinia were reduced to 
the form of a province, A. U. 526, two other praetors were 
added to govern them, and two more when Hither and Farther 
Spain were subdued.^ In the year 571, only four praetors were 
created by the Bajbian law, which ordained, that six praetors 
and four should be created alternately," but this regulation 
seems not to have been long observed. 

Of these six praetors, two only remained in the city ; the 
other four, immediately after having entered on their office, set 
out for their provinces. The praetors determined their pro- 
vince, as the consuls, by casting lots, or by agreement.^" 

Sometimes one praetor administered justice both between 
citizens and foreigners ; and in dangerous conjunctures, none 
of the prcctors were exempted from military servi<;e.^^ 

The praetor urbanus and peregrinus ^lammistered justice only 
in private or lesser causes ; but in public and important causes, 
the people either judged themselves, or appointed persons, one 
or more, to preside at tlie trial,^- who were called qu.esitores, 
or qucBstores parricidii, wliose authority lasted only till the trial 
was over. Sometimes a dictator v.as created for liolding trials.^' 
But A. U. 604, it was determined, that the praetor urbanus and 
peregrinus should continue to exercise their usual jurisdictions ; 

1 Cic, Gat. i. 7. Fam. 3 miriistrl vel appari- 20. sent, Cic. Glu.2!) qnse- 
iii. 9. tores. 9 Liv. xl. 44. reient, quK-stioiu s 

2 Cic. Corn. i. Mart. v. 6 qui acta in tabula s re- 10 Liv. passim. publicas vel judiria ex- 
2S. ferrent, Cic. Verr. iii. 11 Liv. xxiii. 32. xxv. 3. ercerent, Liv. iv. 61. 

3 C'C.Fam.iii. 8. CiEc. 78,79. xxvii. SS.xxxi. l.xxxv. xxxviii. 55. Sail. Ju;;. 
n.Or.H.Suet. 'lib-liS. 7 Varr. L. L. v. 9. 'll. 40. ^ 

i Cic, Verr. iv. -10. 8 Liv. xxxii. i7,2f(,Ep. 12 flu> aiixslionl prices- 13 Liv. ix 26. 



CENSORS. 105 

and that the four other prastors should during' their magistracy 
also I'emain in the cit}'^, and preside at public trials ; one at 
trials concerning extortion ; ^ another concerning bribery ; ^ a 
third concerning crimes committed against the state ;^ and a 
fourth about defrauding- the public treasury.* These were called 
Qu^sTiONEs PERPETU^E,^ becausc tlioy were annually assigned ^ to 
particular praetors, who always conducted them for the whole 
year/ according to a certain form prescribed by law ; so that 
there was no need, as formerly, of making a new law, or of 
appointing extraordinary inquisitors to preside at them, who 
should resig-n their authority when the trial was ended. But 
still, when any thing unusual or atrocious happened, the people 
or senate judged about the matter themselves, or appointed 
inquisitors to preside at the trial ; and then they Avere said e3:tra 
ordinem qucerere : as in the case of Clodius, for violating the 
sacred rites of the Bona Dea^ or Good Goddess, and of Milo, 
for the murder of Clodius.^ 

L. Sulla increased the number of the qucestiones perpetuce, by 
adding those de falso, vel de crimine fatsi^ concerning forgers 
of wills or other writs, coiners or makers of base money, &c. 
de siGARiis et venefigis, about such as killed a person with wea- 
pons or poison ; et de parricidis, on which account he created 
two additional prcetors, A. U. 67^ ; some say four. Julius 
Cassar increased the number of praetors, first to ten, A. U, 707, 
then to fourteen, and afterwards to sixteen.^ Under the tri- 
umviri, there were sixty-seven praetors in one year. Augustus 
reduced the number to twelve, Dio says ten ; but afterwards 
made them sixteen. According to Tacitus, there we/e no more 
than twelve at his death. Under Tiberius, there were some- 
times fifteen and sometimes sixteen.^'' Claudius added two prae- 
tors for the cognizance of trusts,^^ The number then was eigh- 
teen ; but afterwards it varied. 

Upon the decline of the empire, the principal functions of 
the praetors were conferred on the proefectusprcBtorio, and other 
magistrates instituted by the emperors. The praetors of course 
sunk in their importance ; under Valentinian their number was 
reduced to three ; and this magistracy having become an empty 
name,^- was at last entirely suppressed, as it is thought, under 
•lustinian. 

III. CENSORS. 

Two magistrates were first createo, A. U. 312, for taking an 



1 de repetundis. 


6 mandabantiir. 


9 Dlo. xlii. 51. xliu. 47. 


Tac. Ann. i. 14. 


■2 de ambitu. 


7 qui perpetuo exerce- 


49. Tac. Hist. iii. 37. 


11 qui de fidei coinmis- 


3 de majestate. 


rent. 


10 Din. xliii. 32. xlviii. 


sis jus dicerent. 


4 de peculatu. 


8 Cic. AH. i. 13, H. IG. 


4o. 53. Iviii. 20. Pom- 


12 inane nomen, Boeth. 


i Cic Brut. 20. 


iMil. ^c. 


Bon. Ori-. Jur. it. 2?. 


Consol. Philos. iii. 4. 



106 ROMAN ANTIQUITIES. 

account of the number of the people, and the value of tlieir for- 
tunes ; ^ whence they were called censores.'^ As the consuls, 
being- engaged in wars abroad or commotions at home, had not 
leisure for that business/ the census had been intermitted for 
seventeen years. The censors at first continued in office for 
live years.* But afterwards, lest they should abuse their autho- 
rity, a law was passed by Mamercus .'I^'milius the dictator, or- 
daining, that they should be elected every five years ; but that 
their power should continue only a year and a half.^ 

The censors had all the ensigns of the consuls, except the 
lictors. They were usually chosen from the most respectable 
persons of consular dignity ; at first only from among the patri- 
cians, but afterwards likewise from the plebeians. Tiie first 
plebeian censor was C. Marcius Rutilus, A. U. 404, who also 
had been the first plebeian dictator.*^ Afterwards a law was 
made, that one of the censors should always be a plebeian. 
Sometimes both censors were plebeians,^ and sometimes those 
were created censors who had neither been consuls nor prre- 
tors ; ^ but not so after the second Punic war. 

The last censors, namely Paulus and Plancus, under Augus- 
tus, are said to have been private persons ; ^ not that they had 
never bonie any public office before, but to distinguish them 
from the emperor; all besides him being called by that name.^" 

The power of the censors at first was small ; but afterwards 
it bec^ame very great. All the orders of the state were subject 
to them.^^ Hence the censorship is called by Plutarch the sum- 
mit of all preferments/^ and by Cicero maglstra pudoris et luo- 
destiai}'^ The title of censor was esteemed more honourable 
than that of consul, as appears from ancient coins and statues : 
and it was reckoned the chief ornament of nobility to be sprung 
from a censorian family.^* 

The office of the censors was chiefly to estimate the fortunes, 
and to inspect the morals of the citizens. ^^ 

The censors performed the census in the Campus Martins. 
Seated in their curule chairs, and attended by their clerks and 
other officers, they ordered the citizens, divided into their 
classes and centuries, and .also into their tribes,^" to be called ^^ 
before them by a herald, and to give an account of their for- 
tunes, family, &c. according to the institution of Servius Tul- 
lius.^*^ At the same time they reviewed the senate and eques- 
trian oi'der, supplied the vacant places in both, and inflicted 

1 censui agendo. gotiiini agei-p. 9 privati, Dio. liv. ?. 14 Val. Max. viii. 13. 

2 Liv. et Fest. cen- 4 Liv. iii. :ii. iv. 8. 10 Veil. ii. 99. Suet. Tac. Ann. iii. 28. Hist, 
sor, ad cujus cen- 5 ex qiiinquenrali an- Tac. et l^lin. passim. iii. 9. 

sioneni, id est, aibitri- nua ac semestris cea- II censoijbus subject!, 15 Cie. Legj-r. iii. 3. 

um, censeretur popu- sura facia est, Liv, Iv. Liv. iv. 24. IH Liv. xxix. 37. 

lus. Van. L. L.iv. 1 1. 2-1. ix. 3;^. 12 omnium hnnorum 17 citari. 

3 nnn consulibiis opera: 6 Liv. Vii. 22. apex vel fiisligium, 18 seep. 67. 
erat, sc. pretimn, i. e. 7 Liv. Epil. 59. Cat. AIjj. 

iis non vacabat id ne- "■ '.iv. ' ' 1,{ I'is. ). 



CENSORS. 107 

various marks of disgrace ^ on those who deserved it. A sena- 
tor they excluded from the senate-house,- an eques they de- 
prived of his public horse,^ and any other citizen they removed 
from a more honourable to a less honourable tribe ; * or de- 
prived him of all the privileges of a Roman citizen, except 
liberty.^ This mai'k of disgrace was also inflicted on a senator 
or an eques, and was then always added to the mark of disgrace 
peculiar to their order, "^ The censors themselves did not some- 
times agree about their powers in this respect.^ They could 
inflict these marks of disgrace upon what evidence, and for Avhat 
cause they judged proper ; but, when they expelled from the 
senate, they commonly annexed a reason to their censure, 
which Avas called subscriptio censoria.^ Sometimes an appeal 
was made from their sentence to the people.^ They not only 
could hinder one another from inflicting any censure,^" but they 
might even stigruatize one another.^^ 

The citizens in the colonies and free towns were there en- 
rolled by their own censoi's, according to the form prescribed 
by the Koman censors,^^ and an account of them was transmitted 
to Rome ; so that the senate might see at one view the wealth 
and condition of the whole empire.^^ 

When the censors took an estimate of the fortunes of the 
citizens, they were said censum agere vel habere; censere po- 
puli ddvitates, soboles, familias, pecunia^que, referre in censum, 
or censui ascrihere}^ The citizens, when they gave in to the 
censors an estimate of their fortunes, &c. Avere said censeri mo- 
dum agri, mancipia, pccunias, &(\ sc. secundum vel quod ad, pro- 
fiteri, in censum deferre vel dedicare}^ annas deftrre vel cen- 
scri :^^ sometimes also censei^e ; thus, prcBdia cejisere, to give 
in an estimate of one's farms ; ^^ prcedia censui censendo^^ farms, 
of which one is the just proprietor. Hence, censeri, to be va- 



1 notas inurebnnt. 

2 senatu movebant vel 
ejiclebant, see p. 5, 

3 eqiium adiM:ebant, ,oe 
p. -.'2 

4 tribu movebant. 

5 ffirarium fdci'bant, 
Liv. (jui per hoc non 
esset in albo centuriae 
suae, sed ad hoc esset 
civis tantuiii, ut pro 
capita siio tribati no- 
mine tera pendsret, 
Asc. Cic. or, as it Is 
utherwisn Pxrrcsspd, 
In tabulasCa;ritum, vel 
inter C<erites reiere- 
bant, i. o. jure suffia- 
piip.-ivabant, Gell. xv'. 
13. Strab. v. p. 220. 
lience Crerite cera dig- 
iii, wortliless persons, 
Hor. E|-, i. 6. 63. but 
this last phrase does 
not often occur. Cice- 
ro and Livj- almost al- 



ways use aerarluin fa- 
cere : in vel inter aera- 
rios referre, 

6 thus, censores Ma- 
niercum, qui luernt 
dictator, tribu movi-- 
runt, octuplicatoque 
censu, i. e. having 
made the valu.ition of 
his estate eight times 
more than it ouyht, 
that thus he might" be 
obliged to pay eiuht 
times more tribute, 
serarium fpcerunt, Liv. 
iv. 2!. omnes quos se- 
natu moverunt, qui- 
busque equos adem - 
runt, aerarios fecerunt, 
et tribu moverunt, xlli. 
10. 

7 Claudius nex^bat, 
suffragii latinnem in- 
jussu populi ceiisorem 
cuiquain homini adi- 
meie possp. Neque 



enim si tribu movere 
posset, quod sit nihil 
aliud qiiam mutare ju- 
bere tribum, ideo omni- 
bus V. et XXX. tribubus 
emovere posse : id est,. 
civitatPra libertatem- 
que eripere, non ubi 
censeatur finire, sed 
censu exiludere. Haec 
inter ipsos disceptata, 
&c. Liv. xlv. )o. 

8 Liv. xxxix. 42. Cic. 
Clu. 43. 4^. 

9 Pint. T. O. Flamin. 

10 ut alter de senatu 
moveri ve'.lt, alter re- 
tineat ; ut alter in sera- 
riiis referri, aut tribu 
moveri jubeat, alter 
vetet, Cic. ibid. Tres 
ejecti de senatu: reti- 
nuit quosdam Lepidus 
a collega praeteritos, 
Liv. xl. 51. 

11 hW. xxix. 37. 



12 ex formula ab Ro- 
manis censoribns data. 

13 Liv. xxix. 15. 37. 

14 Cic. Lege. iii. 3. 
Liv. xxxix. 44. Flor. i. 
6. Tac. Ann. xiii. 51. 

15 Cic. Flacc. 32. s. SO. 
Arch. 4. Sen. Ep. 95. 

16 thus, CL. annos, i. 
e. 150 years old, cen- 
siLs est Claudii C:e- 
saris censuraT. Fullo- 
nius Bononiensis; id- 
que coUatis censibus 
qms ante detule:at, 
verum apparuit, Pliu, 
vii. 49. s. 50. 

17 Cic. Flacc. 32. Liv. 
xlv. 15. 

18 sc. apta; i. e. quo- 
rum Census censeri, 
pretium acslimari, or- 
(iinis et tribuli causa, 
potest. 



108 ROMAN ANTIQUITIES. 

lued or esteemed, to be held in estimation ; ^ de quo censeris, 
amicus, from whom or on whose account you are valued;^ pri- 
vatus illis census erat brevis, exiguus, tenuis, their private for- 
tune was small ; ^ equestris, v, -ter, the fortune of an eques ; 
CCCC. millia nummum, 400,000 sesterces ; * senatorius, of a 
senator ; ^ homo sine censu, ex censu tributa conferre, cultus 
major censu, dat census honores, census partus per vuinera^ a 
fortune procured in war ; ^ demittere censum in viscera, i. e. bona 
obligurire, to eat up ; "' Romani census popidi, the treasury ; ^ 
breves extendere census, to make a small fortune go far.*^ 

The censors divided the citizens into classes and centuries, 
according to their fortunes. They added new tribes to the old, 
when it was necessary.^" They let the public lands and taxes," 
and the regulations which they prescribed to the farmers-gene- 
raP^ were called leges vel tabulce censorics}^ 

The censors agreed with undertakers about building and vi'- 
pairing the public works, such as temples, porticoes, &c. ; ^' 
which they examined when iinished,^^ and caused to be kept in 
good repair. ^^ The expenses allowed by the public for execu- 
ting these works were called ultrotributa, hence ultrotributa 
locare, to let them, or to promise a certain sum for executing 
them ; conducere, to undertake them." 

The censors had the charge of paving the sti-eets,and making 
the public roads, bridges, aqueducts, &c.^^ They likewise made 
contracts about furnishing the public sacrifices, and horses for 
the use of the curule magistrates ; ^^ also about feeding the geese 
which were kept in the Capitol, in commemoration of their 
having preserved it, when the dogs had failed to give the 
alarm. ^'^ They took cju-e that private persons should not occupy 
what belonged to the public. And if any one refused to obey 
their sentence, they could fine him, and distrain his effects till 
he made payment.^^ 

The imposing of taxes is often ascribed to the censors ; but 
this was dune by a decree of the senate and the order of the 
people ; without which the censors had not even the right of 
laying out the public money, nor of letting the public lands.^^ 
Hence the senate sometimes cancelled their leases'^ when they 
disappi'oved of them, for the senate had the chief direction in 
all these matters.-* 



1 Cic. Arch. 6. Val. 


7 Ov. Met. iii. V. 846. 


15 ptobaverunt. i. e. 


rules. 


Max. V. 3. ext. 3. Ov. 


8 Luc. iii. 157. 


recte et ex ordine facta 


20 Cic. Rose. Am. 2(1. 


Am. ii. 15. 2. Sen. Ep. 


9 Mart. xii. 6. 


esse proimnciaverunt. 


Plin. X, 22. s. 26. xxix. 


76. Plin. Pan. 15. 


10 Liv. X. 9. Epit. 19. 

11 sr-cp.So. 


16 sarta tecta exige- 


4. s. 14. 


2 Ov. Pont. ii. 5. 73. 


bant, sc. et, Liv. iv. 22. 


21 Liv. iv. 8. xliii. 16. 


3 Hor. Od. ii. 15. 13. 


Ii mancipibus v. publi- 


xL 5L xlii. 3. xlv. 15. 


22 Liv.xxvii.ll.xl.4fi. 


I'.p. i. 1. ii. 7. 76. 


canis. 


17 Liv. xxxix. 44. xliii. 


xli. 27. xliv. 16. Polyb. 


4 Plin. Ep. i. 19. 

5 Siiet. Vesp. 17. 


13 Cic. Verr. iii. 6. 


16. Sen. Ben. iv. 1. 


vi. 10. 


RiilI.i.2.Polyb.vi.l5. 


18 Liv. ix. 23. 43. xli. 


23 locationes induce. 


6 Cic. Flacc. 52. Verr. 


14 OD?ra publica ,-E(lia- 
canda et reficicntia ro- 


27. 




ii. 63. Hor. Sat. ii. 3. 


19 Pint. Ca\ Liv. xxiv. 


2i'Polyb. xxxix. 41. 


323.Ov.Am.iii. 8.56. 9. 


demptoribus locabanl. 


IS. Fcst. iu Equi cu- 





CEXSORS. 109 

The censor had no right to propose laws, or to lay any thing 
before the senate or people, unless by means of the consul or 
praetor, or a tribune of the commons.^ 

The power of the censors did not extend to public crimes, or 
to such things as came under the cognizance of the civil magi- 
strate, and Avere punishable by law ; but only to matters of a 
private nature, and of less importance ; as, if one did not culti- 
vate his ground properly ; if an eques did not take proper care 
of his horse, which was called incuria, or impolitm ; ^ if one 
lived too long unmarried (the fine for v/hich was called ^s 
uxorium), or contracted debt without cause ;^ and particularly, 
if any one had not behaved Avith sufficient bravery in Avar, or 
Avas of dissolute morals ; above ail, if a person had violated his 
oath.* The accused Avere usually permitted to make their de- 
fence.^ 

The sentence of the censors ^ only affected the rank and cha- \ 
racter of persons. It Avas therefore properly called ignominia,^ j 
and in later times had no other eflfect than of putting a man to 
the blush.^ It Avas not fixed and unalterable, as the decision of 
a court of laAV,^ but might be either taken off by the next cen- 
sors, or rendered ineffectual by the verdict of a jury, or by the 
suffrages of the Roman people. Thus Ave find C. Gtata, Avho 
had been extruded the senate by the censors, A. U. 639, the 
very next lustrum himself made censor.^'^ Sometimes the senate 
added force to the feeble sentence of the censors ,^^ by their de- 
cree ; AV'hich imposed an additional punishment.^^ 

The office of censor Avas once exercised by a dictator. ^^ After 
SyUa, the election of censors Avas intermitted for about seven- 
teen years. ^^ 

When the censors acted improperly, they might be brought 
to a trial, as they sometimes Avere, by a tribune of the commons. 
Nay, Ave find a tribune ordering a censor to be seized and led 
to prison, and even to be thrown from the Tarpeian rock ; but 
both Avere prevented by their colleagues.^^ 

Tavo things were peculiar to the censors. — 1. No one could 
be elected a second time to that office, according to the laAV of 
C. Martius Rutilus, Avho refused a second censorship when con- 
ferred on him, hence surnamed censorinus.^^ — 2. If one of the 
censors died, another Avas not substituted in his room ; but his 
surviving colleague Avas obliged to resign his office.^^ 

The death of a censor was esteemed ominous, because it had 

14 Asc. Cic. 

15 Liv. xxiv. 43. xliii. 
15, 16. ix. 34. EpiU 5!). 
riin. vii. 44. s. 45. 43. 
s. 45. 

16 VaL Max. ir. 1. 

17 Liv, xxiv. 43, xxvli. 
6. PluU O. Rom. 50. 



1 Plin. Hist. Nat. 


XXXV, 


loc, cit. ferebat prajter rubo- 


17. Liv. loc. cit. 




6 auimadversio censo- rem, Cic. 


2 Gell. iv, 12, 




riavel judicium censo- 9 non pro re judicata 


3 Fest, V;,l, .Max. 


. ii, 9. 


ris, hahebatu.-. 


4 Liv. xxiv. 18. 


Cc. 


7 quod in nomine tan- 10 Cic, Clu, 42- see p. 5. 


Clu. 47. Oif. ii 


i. 3), 


tum, i. e. dignitate 11 inerti censoriae iiota;. 


Gell. vii. 18. 




vprs.ibatur. 12 Liv, xxiv. 18. 


5 causam dicere 


Liv. 


8 nihil fere damnato at- 13 Liv xxiii.,82: 23, 
K 



110 ROMAN ANTIQUITIES. 

happened that a censor died, and another was chosen in his 
place, in that lustrum in Avhich Rome was taken by the Gauls.^ 

The censors entered on their office immediately after their 
election. It was customary for them, when the Comitia were 
over, to sit down on their curule chairs in the Campus JMartius 
before the temple of Mars.^ Before they began to execute their 
office, they swore that they would do nothing through favour or 
hatred, but that they would act uprightly ; and when they re- 
signed their office, they swore that they had done so. Then 
going up to the treasury,^ they left a list of those whom they 
had made csrarii.^ 

A record of the proceedings of the censors ^ was kept in the 
temple of the Nymphs, and is also said to have been preserved 
with great care by their descendants.^ One of the censors, to 
whom it fell by lot,^ after the census was finished, offered a so- 
lemn sacrifice ^ in the Campus Martius.^ 

The power of the censors continued unimpaired to the tri- 
buneship of Clodius, A. U. 695, who got a law passed, ordering 
that no senator should be degraded by the censors, unless he 
had been formally accused and condemned by both censors ;^" 
but this law Avas abrogated, and the powers of the censorship 
restored soon after by Q. Metellus Scipio, A. U. 702.^^ 

Under the emperors, the office of censor was abolished ; but 
the chief parts of it were exercised by the emperors themselves, 
or by other magistrates. 

Julius Caesar made a review of the people ^^ after a new man- 
ner, in the several streets, by means of the proprietors of the 
houses ; ^^ but this was not a review of the whole Roman people, 
but only of the poorer sort, who received a monthly gratuity of 
corn from the public, Avhich used to be given them in former 
times, first at a low price, and afterwards, by the law of Clodius, 
for nought.^* 

Julius Caasar Avas appointed by the senate to inspect the mo- 
rals of the citizens for three years, under the title of pr.efectus 
MORUM vel moribus ; afterwards for life, under the title of cen- 
sor.^^ A power similar to this seems to have been conferred on 
Pompey in his third consulship. ^^ 

Augustus thrice made a review of the people ; the first and 
last time with a colleague, and the second time alone.^'^ He was 
invested by the senate with the same censorian power as Julius 
Caasar, repeatedly for five years, according to Dion Cassius/^ 

i Liv. V. 31. vi. 27. 6 Cic. Mil. 27. Diony.i. egit. Fam. ix. 15. 

2Liv. xl. 45. 74. 13 vicatim per domlnos IB corrigendis moribus 

3 in aerarium asceuden- 7 Varr. L. L. v. 9. insularum, Suet. Jul. delectus, Tac. Ann. ii. 
tes. 8 lustrum condidit. 41. 28. 

4 Liv. xxix, 37. 9 see p. G9, 14 Liv. ii. 34. Cic.Sext. 17 Suet. Aug. 27. 

5 memoria publica re- 10 Dio.xxxviii. 13. 25. Asc. Cic. 18 Dion. Cass. liii. 17. 
censionis tabulis pub- 11 Asc. Gic.Dio. xl.57. 15 Dio. xliii. 14. xliv.5. Liv. ii. 16. 30. 

licis iuipressa. 12 recensuiu populi JSuct. Jul. 7(j. Cic. 



TRIBUNES. Ill 

according to Suetonius for life,^ under the title of magister mo- 
rum,^ Hence 

Cum tot sustineas, ac taiita negotia solus, 

Res Italas armis tuteris, moribus onies, 

Legibus emendes, &c.^ Hor. Ep. ii. 1. 

Augustus, however, declined the title of censor, although he 
is so called by Blacrobius;* and Ovid says of him, sic agitur 
CENsuRA, &c.^ Some of the succeeding emperors had assun.ed 
this title, particularly those of the Flavian family, but most of 
them rejected it ; as Trajan, after whom we rarely find it men- 
tioned.^ 

Tiberius thought the censorship unfit for his time.'' It Avas 
therefore intermitted during his government, as it was likewise 
during that of his successor. 

A revie\v of the people was made by Claudius and L. Vitel- 
lius, the father of the emperor A. Vitellius, A. U. 800 ; by Ves- 
pasian and Titus, A. U. 827;^ but never after. Censorinus^ 
says, that this review was made only seventy-five times during 
G50, or rather 630 years, from its first institution under Servius 
to the time of Vespasian ; after which it was totally discontinued. 

Decius endeavoured to restore the censorship in the person 
of Valerian, but without efiect. The corrupt morals of Home 
at that period could not bear such a magistrate.^" 

IV'. TRIBUNES OF THE PEOPLE. 

The plebeians being oppressed by the patricians on account of 
debt, at the instigation of one Sicinius, made a secession to a 
mountain, afterwards called Mons Sacer, three miles from Eome, 
A. LT. 260 ; ^^ nor could they be prevailed on to return, till they 
obtained from the patricians a remission of debts for those who 
were insolvent, and liberty to such as had been given up to 
serve their creditors ; and likewise that the plebeians should 
have proper magistrates of their own to protect their rights, 
Avhose persons should be sacred and inviolable.^- They were 
called TRIBUNES according to Varro,^^ because they were at first 
created from the tribunes of the soldiers. 

Two tribunes were at first created, at the assembly by curite, 
who, according to Livy, created three colleagues to themselves. 
In the year 283, they were first elected at the Comitia Tributa, 
and A. U. 297, ten tribunes were created,^^ two out of each 
class, which number continued ever after. 

1 recepit et moram le- tant concerns, defend 6 Plin. Pan. 45. Dii. 10 Tieb. Poll. Val. 
gumque resimen per- Italy with your arms, liii. 18. 11 Liv. ii. 23, &c. 
petuum. Suet. Aug.27. adorn it by your moral 7 non id teitipus censu- 12 sarrosancti, Liv. iii. 

2 Fast. Cons. ordinances, reform it rx, Tac. Ann. ii. 23. 33. 5d. Diony. vi, 89. 

3 Since you alone sap- by your Uws, &c. 8 Suet. Claud, 16. Vit. 13 Varr. L. L. 1. iv. 14, 
port the burden of sd 4 Sat. ii. 1. Siiet, 27. 2. Vesp. 8. Tit. C. 14 Cic. Corn. 1. Liv. ii. 
oany and such impor- 5 Fast, vi. 617. 9 de die iiat 16, 33. c. 5S. iii. 30. 

k2 



11:3 ROMAN ANTIQUITIES. 

No patrician could be made tribune unless first adopted into 
a plebeian family, as was the case with Clodius the enemy of 
Cicero.^ At one time, however, we find two patricians of con- 
sular dignity elected tribunes.^ And no one could be made 
tribune or plebeian asdile, whose father had borne a curule ofSce, 
and was alive, nor whose father was a captive.^ 

The tribunes were at first chosen indiscriminately from among 
the plebeians ; but it was ordained by the Atinian law, some 
think, A. U. 623, that no one should be made tribune who was 
not a senator.* And we read, that when there were no senatorian 
candidates, on account of the powers of that office being dimi- 
nished, Augustus chose them from the equites.^ But others 
think, that the Atinian law only ordained, that those who were 
made tribunes should of course be senators, and did not prescribe 
any restriction concerning- their election.^ It is certain, however, 
that under the emperors, no one but a senator had a right to 
stand candidate for the tribuneship/^ 

One of the tribunes chosen by lot, presided at the Comitia for 
electing tribunes, which charge was called sors comitiorum. 
After the abdication of the decemviri, when there were no tri- 
bunes, the pontifex maximus presided at their election. If the 
assembly was broken off,^ before the ten tribunes were elected, 
those who were created might choose^ colleagues for themselves 
to complete the number. But a law Mas immediately passed by 
one Trebonius to prevent this for the future, which enacted, 
" That he who presided should continue the Comitia, and recal 
the tribes to give their votes, till ten were elected."^" 

The tribunes always entered on their office the 10th of De- 
cember,^^ because the first tribunes were elected on that day.^- 
In the time of Cicero, however, Asconius says, it was on the 
5th.^^ But this seems not to have been so ; for Cicero himself, 
on that day, calls Cato tribunus designatus}"^ 

The tribunes ^vore no toga prcBtexta, nor had they any exter- 
nal mai'k of dignity, except a kind of beadle called viator, who 
went before them. It is thought they were not allowed to use 
a carriage.^^ When they administered justice, they had no tri- 
bunal, but sat on subsellia or benches.^'' They had, however, on 
all occasions, a right of precedency ; and every body was obliged 
to rise in their presence. ^^ 

The power of the tribunes at first was very limited. It con- 
sisted in hindering, not in acting,^^ and was expressed by the 
v»'ord VETO, I forbid it. They had only the right of seizing, but 

1 Dom. lu. Suet. Jul. 5 Suet. Aug. 40. Dio. 9 cooptare. prooem. Verr. iO. 
20. liv. 26. 30. 10 I/iv iii. 54. 64, 65. l-l- Sext. 2S. 

2 Jjiv. ill. 65. 6 see Manut. Legg. 11 ante diem quartum 15 Cic. Phil, ii.24. Tlut. 

3 Liv. xxvllL 21. xxx. 7 ius trlbunatus peten- Idus Decembiis. Qusst. Rom. 81. 
19. di, Plin.Ep. ii. 9. 12 Llv. xxxix. 52. Dl- It) Asc. Cic. 

4 Qell. xiv. 8. Suet. 8 si comitia dlrempta ony. vi. 89. 17 Plin. Ep. i. 23. 
Aug. 10. esseiit. Id nonis Decembris, in 18 Diony. vii. 17. 



TRIBUNES. 113 

not of summoning.^ Their office was only to assist the plebei- 
ans against the patricians and magistrates.^ Hence they were 
said esse privati, sine imperio, sine magistratu, not being dig- 
nified Avith the name of magistrates, as they were afterwards."^ 
They were not even allowed to enter the senate.^ 

But in process of time they increased their influence to such 
a. degree, that, under pretext of defending the rights of the peo- 
ple, they did almost whatever they pleased. They hindered the 
collection of tribute, the enlisting of soldiers, and the creation 
of magistrates, which they did at one time for fiveyears.^ They 
could put a negative'' upon all the decrees of the senate and 
ordinances of the people, and a single ti-ibune, by his veto, 
could stop the proceedings of all the other magistrates, which 
Ctesar calls extremum jus tribunorumJ Such was the force of 
this word, that whoever did not obey it, whether magistrate or 
private person^ was iramediately ordered to be led to prison by 
a viator, or a day was appointed for his trial before the people, 
as a violator of the sacred power of the tribunes, the exercise 
of which it Avas a crime to restrain.^ They first began with 
bringing the chief of the patricians to their trial before the 
Comitia Tributa ; as they did Coriolanus.^ 

If any one hurt a tribune in word or deed, he was held ac- 
cui-sed,^" and his goods were confiscated.^^ Under the sanction 
of this law, they carried their power to an extravagant height. 
They claimed a right to prevent consuls from setting out to 
their provinces, and even to pull victorious generals from their 
triumphal chariot.^- They stopped the course of justice by 
putting off trials, and hindering the execution of a sentence.^^ 
They sometimes ordered the military tribunes, and even the 
consuls themselves to prison, as the Ephori at Laceda^mon did 
their kings, whom the tribunes at Rome resembled.^* Hence 
it was said, datum sub jugum tribuniticB potestatis consulatum 
fuisse?'" 

The tribunes usually did not give their negative to a law, till 
leave had been granted to speak for and against it.^^ 

The only effectual method of resisting the power of the tri- 
bunes, was to procure one or more of their number,^^ to put a 
negative on the proceedings of the rest ; but those who did so 
might afterwards be brought to a trial before the people by 
their colieagues.^^ 

1 preh^nsbnem serl non 5 lAv. iv. 1. v. 12. vi. S Diony. vii. C5. Epit. 48. 55. Cic. Vat. 
vocationem habebant, 35. 10 sacer. 9, 10. Lepg. iii. 7. 9. 
Oiell. xiii. 12. 6 iiitercpdere. 11 Liv. iii. 55. Diony. Dio, xxxvii. 50. Nep, 

2 auxilii, non poenie i'ls 7 Cic. I\Iil. 6. Polvb. vi. vi. 89. viii. 17. Paus. 3. 
(latum ill; pnt?stati, 14. Bel!. Civ. i. 4. Liv. 12 Plut. Crass. Dio. 15 Liv. iv. 23. 
hw. ii. 33. vi. 37. ii. 44. iv. 6. 48. vi. 3o. xxxix. 39. Cic. Goel, 34. 16 Liv. xlv. 21. 

C l.iv. ii. 56. Piut. Cor. xlv. 21. 13 Liv. iii. 25. xxxviii. 17 e toUesio tribuno- 

'u^sf. Rom. 81. Liv. Sin ordinem cngere, 60. Cic. Phil. ii. 2. Vat. ruin, 

iv. i. Sail. Jag. 37. Plin. Ep. i. 2i. Liv. 14. Prov. Cons. 8. IS Liv. ii. 44. iv. 4S. x 

4 see,.. 13. xxv. 3, 4. Plut. Mar. 14 Liv. iv. 23. v. 9, 29. vi. 55. 

k3 



11-i ROMAN ANTIQUITIES. 

Sometimes a tribune was prevailed on, by entreaties or threats, 
to withdraw his negative,^ or he demanded time to consider it,^ 
or the consuls were armed with dictatorial po^ver to oppose him,' 
from the terror of which, M. Antonius and Q. Cassius Longinus, 
tribunes of the commons, together Avith Curio and Coelius, tied 
from the city to Ca3sar into Gaul, and afforded him a pretext 
for crossing the river Rubicon, which Avas the boundary of his 
province, and of leading his army to Rome.* 

We also find the senate exercising a right of limiting the 
power of the tribunes, which was called circumscriptio, and of 
removing them from their office,^ as they did likewise otlier 
magistrates.^ On one occasion the senate even sent a tribune 
to prison ; but this happened at a time when all order was vio- 
lated.7 

The tribuneship was suspended when the decemviri were 
created, but not Avhen a dictator was appointed.^ 

The power of the tribunes was confined to the city and a mile 
around it," unless Avhen they were sent any Avhere by the senate 
and people ; and then they might, in any part of the empire, 
seize even a proconsul at the head of his army and bring him 
to Rome.^'^ 

The tribunes were not allowed to remain all night " in the 
country, nor to be above one Avhole day out of town, except 
during the ftricB Latince ; and their doors were open day and 
night, that they might be always ready to receive the requests 
and complaints of the Avretched.^- 

The tribunes Avere addressed by the name tribuni. Those 
who imploi'ed their assistance,^-^ said a vobis, tribuni, postulo, 
ut mihi auxilio sitis. The tribunes answered, auxilio erimus, 
vel non erimus.^* 

When a law Avas to be passed, or a decree of the senate to be 
made, after the tribunes had consulted together,^^ one of their 
number declared,^*^ se intercedere, vel non intercedere, aut 
moram facere comitiiSfddectui^ &c. Also, se non passurus legem 
ferri vel ahrogan ; relationem fieri de, &c. Pronunciant pla- 
cebe, &c. This was called decretum tribunorum. Thus, medio 
decretojus auxilii sui expediunt, exert their right of intercession 
by a moderate decree.^^ 

Sometimes the tribunes sat in judgment, and Avhat they de- 

1 intercessione desis- Dio. xl. 13. App. Civ. 9 neque enim provoca- 13 eos appell.ibant vel 
tere. ii. p. 44S. Plut. Cxs. p. tiouem esse longius ab auxilium implorabant. 

2 noctem sibi ad delibe- 727. Luc. i. 273. urbe mil!e passuum, 14_Liv. iv. ^(i. xxviii. 
landum postulavit : se 5 a republica removen- Diony. viii. 87. Liv. iii. 45. 

postero die moram di, i. e. curia et foro 20. 15 cum in consilium se- 

iiuUam esse facturum, interdicendi, Cic. Att. 10 jure sacrosoncte po- cessissent. 

Cic. Sext. 34. Att. iv. vii. 9. Mil. 33. Caes. testatis. Liv. lib.xxix. 16 ex sua collegaruin- 

2. Fam. viii, 8. Bell. Civ. i. 32. iii. 21. 20. que sententia vel prn 

3 CiEs. Bell. Civ. i. 5. Suet. Jul. 16. 11 pernoctare. collegio pronunciavit. 
Cic. Phil. ii. 21, 22. see 6 Cic. Phil. xiii. 9. Vi Diony. viii. 87. GelL 17 Liv. in. lo. & alibi 
p. IS. 7 Dio. xl. 45, 46. iii. 2. xiii. 12. Maciob, passmi. 

4 Cic. Phil. ii. 21, 22, 8 Liv. iii. 32. vi. 38. Sai. i. o. 



TRIBUNES. 1 15 

creetl was called their edictum, or decretum} If any one dif- 
fered from the rest, he likewise pronounced his decree ; thus, 
Tib. Gracchus ita decrevit : quo minus ex bonis l. scipionis quod 

JUDICATUM sit, REDIGATUR, SE NON INTERCEDERE PR-ETORI. L. SCI- 
PIONEM NON PASSURU3I IN CARCERE ET IN VINCULIS ESSE MITTIQUE 
EUM SE JUBERE.^ 

The tribunes early assumed the right of holding the Comitia 
by tribes, and of making laws ^ which bound the whole Roman 
people.* They also exercised the power of holding the senate, 
A. U. 298, of dismissing it when assembled by anothei*, and of 
making a motion, although the consuls were present. They 
likewise sometimes hindered the censors in the choice of the 
senate.^ 

The tribunes often assembled the people merely to make ha- 
rangues to them.^ By the icilian law it was forbidden, under 
the severest penalties, to interrupt a tribune while speaking,' 
and no one Avas allowed to speak in the assemblies summoned by 
them Avithout their permission : hence, concionem dare, to grant 
leave to speak ; in concionem ascendere, to mount the rostrum ; 
concionem habere, to make a speech, or to hold an assembly for 
speaking ; and so, in concionem venire, in concionem vocare, and 
in condone stare ; but to hold an assembly for voting about any 
thing, w^is habere comitia vel agere cum populo? 

The tribunes limited the time of speaking even to the consuls 
themselves, and sometimes would not permit them to speak at 
all.^ They could bring any one before the assembly ,^^ and force 
them to answer what questions were put to them.^^ By these 
harangues the tribunes often inflamed the populace against the 
nobility, and prevailed on them to pass the most pernicious laws. 

The laAvs which excited the greatest contentions Avere about 
dividing the public lands to the poorer citizens ^- — about the 
distribution of corn at a low price, or for nought ^^ — and about 
the diminution of interest,^* and the abolition of debts, either in 
whole or in part.^^ 

But these popular laAvs Avere usually joined by the tribunes 
Avith others respecting the aggrandizement of themselves and 
their order ; and when the latter AAere granted, the former were 
often dropped.^** At last, hoAvever, after great struggles, the 
tribunes laid open the Avay for plebeians to all the offices of the 
state. 



1 Cic. A'err, ii. 41. bant, vol popiilum ad 

2 Liv. xxxviii. 60. concionem, Qeli. xii. 

3 plebiscita. 14. 

4 Liv. iii. 10. 55. see p. 7 Diony. vii. 17. Cic. 
Sext. 37. 

8 Cic. Att. iv. 2. Sext. 
40. Acad. iv. 47. Gell. 
xiii. 15 

9 Cic. Rab. 2. seo p. 
Do. 



83. 

5 L'iony. x. 21. Cic. 
I/eg;,', iii. 10. Phil. vii. 
1. Sext. 11. App. Bell. 
Civ. ii. Dio. xxxvii. 9. 

6 concionem auvoca- 



10 ad concionem vel in 
ciincioue producere. 

11 Cic. Vat. 10. Pis. 6, 
7. post red. in Sen. 6. 
Dio. xxxviii. 16. 

12 leg-s agrarlae, Liv. 
■i. 41. iv. 48. vi. 11. 
Cic. Rull. See Aipf. B. 

13 leges fnuuentari^ vel 
annonariae, Liv. £pit. 



Ix. Ixxi. Cic. Ker. i. 12. 
Sext. 25. Asc. Cic. 

14 de levando fuenore. 

15 de novis tabulis ; 
Jeges loenebres, Liv. 
vi'. 27. 35. vii. 16. At. 
XXXV. 7. Pateic. ii. 23. 
see p. -iO. 

Iti Liv. vi. 35. 39. 42. 



116 ROMAN ANTIQUITIES. 

The government of Rome was now brought to its just (Bqui- 
librium. There was no obstruction to merit, and the most de- 
serving w^ere promoted. The republic was managed for several 
ages Avith quiet and moderation.^ But when wealth and luxury 
were introduced, and avai'ice had seized all ranks, especially 
after the destruction of Carthage, the more wealthy plebeians 
joined the patricians, and they in conjunction engrossed all the 
honours and emoluments of the state. The body of the people 
were oppressed; and the tribunes, either overawed or gained, 
did not exert their influence to prevent it ; or rather, perhaps, 
their interposition was disregarded.^ 

At last Tiberius and Caius Gracchus, the grandsons of the 
great Scipio African us by his daughter Cornelia, bravely un- 
dertook to assert the liberties of the people, and to check the 
oppression of the nobility. But proceeding with too great 
aMour, and not being sufficiently supported by the multitude, 
they fell a sacrifice to the rage of their enemies. Tiberius, 
while tribune, Avas slain in the Capitol, by the nobility, with his 
cousin Scipio Nasica, pontifex maximus, at their head, A. U. 
G20 ; and Caius, a few years after, perished by means of the 
consul Opimius, who slaughtered a great number of the plebei- 
ans. This was the first civil blood shed at Rome, which after- 
wards at different times deluged the state.^ From this period, 
when arms and violence began to be used Avith impunity in the 
legislative assemblies, and laws enacted by force to be held as 
valid, Ave date the commencement of the ruin of Roman liberty. 

The fate of the Gracchi discouraged others from espousing 
the cause of the people. In consequence of which, the power 
of the nobles Avas increased, and the Avretched plebeians Avere 
more oppressed than ever.* 

But in the Jugurthine Avar, Avhen, by the infamous corruption 
of the nobility, the republic had been basely betrayed, the ple- 
beians, animated by the bold eloquence of the tribune Memmius, 
regained the ascendancy.^ The contest betAvixt the tAvo orders 
Avas renewed : but the people being misled and abused by their 
favourite, the faithless and ambitious 31arius,^ the nobility 
again prevailed under the conduct of Sylla. 

Sylla abridged, and in a manner extinguished, the poAAer of 
the tribunes, by enacting, "That Avhoever had been tribune, 
should not afterwards enjoy any other magistracy ; that there 
should be no appeal to the tribunes ; that they should not be 
alloAved to assemble the people and make harangues to them, 
nor to propose laws,"^ but should only retain the right of inter- 
cession,^ Avhich Cicero greatly approves.^ 

1 placide modesteque. Ju-. 16. 42. Veil. ii. 3. 6 Dio. frag, xxxiv, 94. jnjurise faciena,-E po- 

2 Sail. Jug. 41. 4 Sail. Jug. 31. 7 Liv. Kjiit. 89. App. testatem ademit. auxi- 

3 App. Bell. Civ. i.3W. 5 Sail. Jug. 40. C5. 73. Bell. Civ. i. 413. lii ferendi reliquit. 
■3b± Cic. Cat. i. 1. Sail. 8i. 8 Cacs. Bell. Civ. i. C. 9 Cic. Legs- »'i. 9. 



TRIBUNES. 117 

But after the death of Sylla, the po^ver of the tribunes was 
restored. In the consulship of Cotta, A. U. 679, they obtained 
the rig'ht of enjoying- other ofSces, and in the consulship of Pom- 
pey and Crassus, A. U. 683, all their former powers ; a thing 
which CcBsar strenuously promoted.^ 

The tribunes henceforth were employed by the leadino- men 
as the tools of their ambition. Backed by a hired mob,^ they 
determined every thing- by force. They made and abrogated 
laws at pleasure.^ They disposed of the public lands and taxes 
as they thought proper, and conferred provinces and commands 
on those who purchased them at the highest price.* The as- 
semblies of the people Avere converted into scenes of violence 
and massacre ; and the most daring always prevailed.^ 

Julius Csssar, who had been the px-incipal cause of these ex- 
cesses, and had made a violation of the power of the tribunes a 
pretext for making war on his country,'' having at last become 
master of the republic by force of arms, reduced that power by 
which he had been raised, to a mere name ; and deprived the 
tribunes of their office '' at pleasure.^ 

Augustus got the tribunitian power to be conferred on him- 
self for life, by a decree of the senate ; the exercise of it by 
proper magistrates, as formerly, being inconsistent Avith an ab- 
solute monarchy, which that artful usurper established.^ Tliis 
power gave him the right of holding the senate, of assembling 
the people, and of being appealed to in all cases.^° It also ren- 
dered his person sacred and inviolable ; so that it became a 
capital crime ^^ to injure him in w ord or deed, Avhich, under the 
succeeding emperors, served as a pretext for cutting off num- 
bers of the first men in the state, and proved one of the chief 
supports of tyranny.^^ Hence this among other powers used to 
be conferred on the emperors in the beginning of their reign, 
or upon other solemn occasions ; and then they were said to be 
tribunitia potestate donatiP Hence also the years of their go- 
vernment were called the years of their tribunitian power,^^ 
which are found often marked on ancient coins ; computed not 
from the 1st of January, nor from the 10th of December,^^ the 
day on which the tribunes entered on their office ; but from the 
day on which they assumed the empire. 

Tlie tribunes, however, still continued to be elected, although 
they retained only the shadow of their former power,^^ and 
seem to have remained to the time of Constantino, who abolish- 
ed this with other ancient offices. 

1 Asc. Cic. Sail. Gat. 26, &c.Dom.- 8. 20. 27. Tac. Ann. iii. 56. 13 Capit. M. Anton — 
38. Cic. Verr. i. 15. 5 Cic. Sext. 35— S3, &c. Id Din. li. 19. liv. S.sse Vop. Tar. seep. 19, 20. 
Legg. iii. 11. Suet. Jul. Dli. xxxix. 7, 8, &c. p. 10. 14 Dio. liiL 17. 

5. 6 sea p. 114. 11 crimen majestatis, 15 iv. Id. Dec. 

2 a conducta plebe stl- 7 potestate privavit. Dio. llii. 17. 16 inanem umbram et 
p^ti. 8 Suet. Jul. 79. Dio. 12 adjumenta re?ni, sine honore nomen, 

o Cic. Pis. 4. Sext. 25. xlir. lU. Veil. ii. 68. Tac Ann. iii. 38. Suet. Plin. Ep. i.23. Pun. 10. 

4 Cic. Sext. 6. lO. 24. 9 Dio. li. 19. Suet. Aug. Tib. 58. 61. Ner. 35. 95. Tac. i. 77. xiiu 28. 



118 



ROMAN ANTIQUITIES. 



V. ^DILES. 



The (Bdiles were named from their care of the buildings,' and 
Avere either plebeian or curule. 

Two BDILES PLEBEii Avere lirst created, A. U. 260, in the Co- 
mitia Curiata, at the same time with the tribunes of the com- 
mons, to be as it were their assistants, and to determine certain 
lesser causes, which the tribunes committed to theni.^ They 
were afterwards created, as the other inferior magistrates, at 
the Comitia Tributa. 

Two /EDiLEs cuRULEs wcrc Created from the patricians, A. U. 
387, to perform certain public games. They were first chosen 
alternately from the patricians and plebeians, but afterwards 
promiscuously from both, at the Comitia Tributa.^ 

The curule sediles wore the toga pr(Etexta, had the right of 
images, and a more honourable place of giving their opinion in 
the senate. They used the sella curulis when they administered 
justice, whence they had their name.^ Whereas the plebeian 
sediles sat on benches ; ^ but they Avere inviolable '' as the tri- 
Ijunes.'' 

The office of the adiles was to take cai-e of the city,^ its pub- 
lic buildings, temples, theatres, baths, basilicds^ porticoes, aque- 
ducts, common sewers, public roads, &c. especially Avhen there 
were no censors : also of private buildings, lest they should be- 
come ruinous, and deform the city, or occasion danger to pas- 
sengers. They likewise took care of provisions, markets^ 
taverns, &c. They inspected those things Avhich Avere exposed 
to sale in the Forum ; and if they Avere not good, they caused 
them to be thrown into the Tiber. They broke unjust Aveii>hts 
and measures. They limited the expenses of funerals. They 
restrained the avarice of usurers. They fined or banished avo- 
men of bad character, after being condemned by the senate or 
people. They took care that no new gods or religious ceremo- 
nies Avere introduced. They punished not only petulant actions, 
but even Avords.^ 

The asdiles took cognizance of these things, proposed edicts 
concerning them,^" and fined delinquents. They had neither 
the right of summoning nor of seizing, unless by the order of 
the tribunes ; nor did they use lictors or viatores^ but only pub- 
lic slaves. They might even be sued at law " by a private per- 
son. ^^ 

II belonged to the sediles, particularly the curule asdiles, to 

1 a cura ajtlium. 5 Asc. Cic. Juv. x. 101. Cic. Phil. 10 Plaut. Capt. iv. 2, v. 

2 Dionv. vi. 90. 6 sacrosancti. ix.7. 0\'.Fast. vi. 663. 43. 

3 Liv. vi. 42. vii. 1. 7 Fest. Liv. iii. 55. Liv. iv. clO. x. 31. 37. 11 in jus vocarL 
Gell. vi. 9. 8 Cic. Legg. iii. 3. xxv. 2 Tac. Ann, ii. 12 GcU. xiii. li, 13. 

4 Cic. A'^err. v. 1 U 9 Plaut. Kud. ii. 3. 42. 85- Gell. x. 6. 



QU^STORS. 119 

exhibit public solemn games, which they sometimes did at a 
prodigious expense, to pave the way for future preferments.* 
They examined the plays which were to be brought on the 
stage, and rewarded or punished the actors as they deserved. 
They were bound by oath to give the palm to the most deserv- 
ing.^ Agrippa, when sedile under Augustus, banished all jug- 
glers ^ and astrologers. 

It was peculiarly the office of the plebeian ffidiles, to keep 
the decrees of the senate, and the ordinances of the people, in 
the temple of Ceres, and afterwards in the treasury."^ 

Julius Cassar added two other plebeian asdiles, called cere- 
ales,^ to inspect the public stores of corn and otlier proAdsions.*' 

The free towns aiso had their aediles, Avhere sometimes they 
were the only magistrates, as at Arpinum.^ 

The asdiles seem to have continued, but with some vai'iations, 
to the time of Constantine. 

Vr. QUJiSTORS. 

The Quasstors were so called,^ because they got in the public 
i"evenues.^ 

The institution of quaestors seems to have been nearly as an- 
cient as the city itself. They were first appointed by the kings, 
according to Tacitus.^^ And then by the consuls, to the year 
307, Avhen they began to be elected hy the people, at the Comi- 
tia Tributa.^^ Others say, that two quastors Avere created by 
the people from among the patricians, soon after the expulsion 
of Tarquin, to take care of the treasury, according to a law 
passed by Valerius Poplicola,^- 

In the year 333, besides the tAVO city quaestors, tAvo others 
Avere created to attend the consuls in Avar ;^'^ and from this time 
the quaestors might be chosen indifferently from the plebeians 
and patricians. After all Italy was subdued, four more Avere 
added, A. U. 498, about the same time that the coining of silver 
Avas first introduced at Rome.^^ Sylla increased their number 
to tAventy.^^ Julius Ctesar to forty.^^ Under the emperors, 
their number Avas uncertain and arbitrary. 

Tavo quaestors only remained at Rome, and Avere called qu.es- 

TORES URBANI ; tile rCSt, PROVINCIALES Or MILITARES. 

The principal charge of the city qucestors Avas the care of the 
treasury, Avhich Avas kept in the temple of Saturn.^^ They re- 

1 Liv. xxiv. 43. xxvii. 4 Li\r. iii. 55. quirebant, Varr. L. L. essent. 

6. Cic. Off. ii. 16. 5aGerere. iv. 1 }. 1 1 Liv. iv. 43. Epit.x v. 

2 Suet Au'?. 15. Plaut. 6 Uio. xliii. 51. Just. 10' Ann. xi. 22. 15 supplcndo stnatui, 
Trin. iv. 2. 148. Cist. Dieest. i. 2. ii. 32. 11 Cic. Fam. vi. 30. cui judicia tradidtiut, 
EpiL 3. Amph. Prol, 7 .luv.iii.179.Cic.Fam. 12 Plut. Popl. Diony. v. Tac. Ami. xi. 22. 

72. xiii. 11. 31. 16 Dion, xliii. 17. 

3 prKstigiatores, Dio, 8 a quairendo. 13 ut consulibus ad ml- 17 Suet.Ciiiud.21.Plut» 
xlix. 43, U pubiicas pecuuiasfon- nisteria belli pra;sto QusksU llom. iU, 



1''20 ROMAN ANTIQUITIES. 



ceived and expended the public money, and entered an 
of their receipts and disbursements.^ They exacted t 



account 
ipts and disbursements.^ They exacted the fines 
imposed by the public. The money thus raised was called ar- 

GENTUM MULTATITIUM.^ 

The quaestors kept the military standards in the treasury, 
(which were generally of silver, sometimes of gold,) for the 
Komans did not use colours,^ and brought them out to the con- 
suls Avhen going- upon an expedition. They entertained foreign 
ambassadors, provided them with lodgings, and delivered to 
them the presents of the public* They took care of the funeral 
of those who were buried at the public expense, as Menenius 
Agrippa and Sulpicius. They exercised a certain jurisdiction, 
especially among their clei'ks.^ 

Commanders returning from war, before they could obtain a 
triumph, were obliged to swear before the quaestors, that they 
had written to the senate a true account of the number of the 
enemy they had slain, and of the citizens that were missing.^ 

The provinces of the qusestors wei-e annually distributed to 
them by lot,^ after the senate had determined into what pro- 
vinces quasstors should be sent. AVhence sors is often put for 
the office or appointment of a quaestor, as of other magistrates 
and public officers, or for the condition of any one.^ Sometimes 
a certain province was given to a particular quaestor by the se- 
nate or people. But Pompey chose Cassius as his quaestor, and 
Caesar chose Antonj"-, of themselves.^ 

The office of the provincial quaestors was to attend the consuls 
or praetors into their provinces ; to take care that provisions 
and pay were furnished to the army ; to keep the money depo- 
sited by the soldiers ; ^" to exact the taxes and tribute of the 
empire ; to take care of the money and to sell the spoils taken 
in war; to return an account of every thing to the treasury; 
and to exercise the jurisdiction assigned them by their gover- 
nors. When the governor left the province, the qua3stor usually 
supplied his place.^^ 

ihere subsisted the closest connection between a proconsul or 
propraetor and his quffistor.^^ If a quaestor died, another was 
appointed by the governor in his room, called proqu^stor.^^ 

The place in the camp where the quaestor's tent was, and 
where he kept his stox'es, was called guiESTORiuM, or qu(Sstorium 
forum, so also the place in the province, Avhere he kept his ac- 
counts and transacted business.^^ 

1 in tabulas accepti et Phil. ix. 7. Piut. Cat. 9 sine sorte, Liv. xxx. oS. I)iv. Caec. 17. Fain, 
expensi relerebaiit, Min. 33.Gic Att. vL tJ. Phil. ii. 15. 18. 

Asc. Cic. 6 Val. Max. ii. 8. ii. 20. 12 in paieiitum loco 

2 Liv. xxx. 39. xxxviii. 7 Cic. Mur. 8. 10 numraos ad siftnade- quaestoiibus suis eraiit, 
60. Tac. Ann. xiii. 28. 8 Cic. Verr. i. 15, Act. pcsitos, Suet. Doni. 8. Cic. Plane- 11. D\v. 

3 non veils utebantur. i. 8. <"aec. 14. Fam. ii. Veg. ii. '20. Csec. 19. Fam. xiii. 10. < 

4 Plin. xxxiii. 3. s. 19. 19. Plane. 27. Cat. iv. 11 Liv. v. 26. xxvi. 47, 2(j. Plin. lip. iv. 15. 
Liv. iii. tig. iv. 22. vii. 7, Liv. xxxv. ti. Hor. Plaut. Bacch. iv. 9. v. 13 Cic, Verr. i. 15. S'y. 
•.i3. Val. Max. V. 1. Sat. i. 1. 1. Ep. i. U. 153. Polyb. x. 19. -Suet. M Liv. x. 22. xlL 2, 

E Oiony. vi. lin. Cic. 11. Snot. Aug. VJ. .hil. 7. Cic. Yen: i U, Cic. Plane. 4J. 



QU.ESTORS, 121 

The city quffistor had neither lictors nor viatores, because 
they had not the power of summoning- or apprehending, and 
might be prosecuted by a private person before the praetoro^ 
They could, however, hold the Comitia ; and it seems to have 
been a part of their office in ancient times to prosecute those 
guilty of treason, and punish them when condemned.^ 

The provincial quaestors were attended by lictors, at least in 
the absence of the prator, and by clerks.^ 

The qucestorship was the first step of preferment * which gave 
one admission into the senate, when he was said adire ad rem- 
publicam, pro 7-empublicam capessere. It Avas, however, some- 
times held by those who had been consuls.* 

Under the emperors the quEestorship underwent various 
changes. A distinction was introduced between the treasury of 
the public^ and the treasury of the prince ; ^ and different offi- 
cers were appointed for the management of each. 

Augustus took from the quaestors the charge of the treasury, 
and gave it to the prcetors, or those who had been praetors ; but 
Claudius restored it to the quaestors. Afterwards prefects of 
the treasury seem to have been appointed.^ 

Those who had borne the quaestorship used to assemble the 
judges, called centumviri, and preside at their courts ; but Au- 
gustus appointed that this should be done by the decemviri liti- 
bus judicandis. The quastors also chose ih^ judices. Augustus 
gave to the quaestors the charge of the public records, which the 
fediles and, as Dion Cassius says, the tribunes had formerly 
exercised. But this too was afterwards transferred to praefects.'-' 

Augustus introduced a new kind of quaestors called qu.estores 
CANDiDATi, or candiduti principis vel Augusti, vel Ccesaris, who 
used to carry the messages of the emperor ^" to the senate.^^ 
They were called candidati, because they sued for higher prefer- 
ments, which by the interest of the emperor they were sure to 
obtain ; hence petis tanquam C<Bsaris candidatus, i, e. carelessly.^^ 

Augustus ordained by an edict, that persons might enjoy the 
quaestorship, and of course be admitted into the senate, at the 
age of twenty-two.^^ 

Under the emperors the quaestors exhibited shows of gladia- 
tors, which they seem to have done at their own expense, as a 
requisite for obtaining the office,^^ 

Constantine instituted a new kind of qurestors, called gun s- 
TOREs PALATii, wlio weve much the same with Avhat Ave now call 
chancellors.^^ 

1 Cell. xiii. 12, 13. 5 Gic. Veil. ii. 94. Vn\ 2+. Dio. liii. 2. Plin. 11 Suet. Aug. 56. Tit. 
Suet. Jul. 23. iii. 2o.Dioiiy.x.23. see I'r. iii. 4, Tac. Ann. 6. Claud. 40. Veil. ii. 

2 Diony. viii. 77. Liv. p 4. sili, 2S, 29. 12-1. see p. 19. 

ii 41. iii. 24, 25. 6 serariuin. 9 Suet. Auc 36. Dio. 12 Quinct. vi. 3. 62. 

3 Cic.Plauc. 41.Verr. 7 fiscus, Suet Aug.103. xxxix. 7 Dion. Cass. 13 Plin. Kp. x. 63. 84. 
iii. 78. Tac. Ann. vi. 2. Piin. liv. 31). Tac. loo. cit. 11 Tat. Ann. xi. 22. 

4 primus gradus hono- Pan. c6. Dio. liii- I'J. Ill libcUos, epistolas, et Suet. D'im. 4. 

ris, Cic. Verr. i. 4. 8 Suet Aug- 36. Claud. or;Uioni.i. 15 Zos.v, Proc.Bel. Per. 



122 ROMAN ANTIQUITIES. 



OTHER ORDINARY MAGISTRATES. 

There were various other ordinary magistrates ; as, 

Triumviri capitales, who judged concerning slaves and persons 
of the lowest rank, and who also had the charge of the prison, 
and of the execution of condemned criminals.^ 

Triumviri monetales, who had the charge of the mint.^ Ac- 
cording to the advice of Blcecenas to Augustus, it appears that 
only Roman coins w ere permitted to circulate in the provinces.^ 

Nummularii, vel pecunice spectatores, saymasters,* 

Triumviri nocturni, vel tresviri, Avho had the charge of pre- 
venting lires,^ and walked round the watches in the night-time,^ 
attended by eight lictors. 

QuATuoR viRi VI ales, vcl viocuri^ who had the charge of the 
streets and public roads. 

All these magistrates used to be created by the people at the 
Comitia Tributa. 

Some add to the magistratns ordinarii minores the centumviri 
litibus judicandis (vel stlitibus judicandis^ for so it was anciently 
written), a body of men chosen out of every tribe (so that pro- 
perly there were 105), for judging such causes as the praetor 
committed to their decision ; and also the decemviri litibus judi- 
candis. But these were generally not reckoned magistrates, 
but only judges. 

NEW ORDINARY MAGISTRATES UNDER THE EMPERORS. 

Augustus instituted several new offices ; as curatores opcrum 
puhlicorum, viarurn^ aquarit7n, alvei Tiberis., sc. repurgandi et 
laxioris faciendi, frumcnti populo dividiindi ; persons who had 
the charge of the public works, of the roads, of bringing water 
to the city, of cleansing and enlarging the channel of the Tiber, 
and of distributing corn to the people.^ The chief of these 
officers were : — 

I. The governor of the city,^ whose poAver was very great, 
and generally continued for several years. 

A prsgfect of the city used likewise formerly to he chosen 
occasionally,^" in the absence of the kings, and afterwards of 
the consuls. He Avas not chosen by the people, but appointed, 
first by the kings, and afterwards by the consuls.^^ He might, 

1 Plaut. Aul. iii. 2. 2. liv. 26. an bona; fusionis. 9 praefectas urbi, vel 
Liv. xxxii. 25. Sail. 3 Dio. Iii. 29. Matth. 5 incendiis per urbem urbis, Tac. Ann. vi. 
Cat. 55. xxii. 20. arcendispraeerant,Liv. 11, 

2 qui auro, argenlo, 4 ad quos nnmmi pro- ix. 46. 10 in tempus deligeba- 
ffiri, flando, feriuiido baiidi causa del'ereban- 6 vigilias circumibant, tur. 

praeerant, which is of- tur, an probi essent, Plaut. Amph. i. 1. 3. 11 a regibus imposili: 
ten marked in letters, cujus auri, an sub;cra- 7 qui vias curabant. postea consulos man- 

A. A., A. F. F. Dio. ti, an aequi ponderis, 8 Suet, Aug. 37, dubunt, Tuc. ibid. 



ORDINARY MAGISTRATES. 123 

liowever, assemble the senate, even although he was not a sena- 
tor, and also hold the Comitia.^ But after the creation of the 
praetor, he used only to be appointed for celebrating- the fericB 
LatincB, or Latin holy-days. 

Augustus instituted this magistracy by the advice of MsBcenas, 
who himself in the civil wars had been intrusted by Augustus 
with the charge of the city and of Italy.^ The first prfefect ot 
the city was Messala Corvinus, only for a few days ; after him 
Taurus Statilius, and then Piso for twenty years. He was 
usually chosen from among the principal men of the state.^ His 
office comprehended many things, which had formerly belonged 
to the prsetors and sediles. He administered justice betwixt 
masters and slaves, freedmen and patrons ; he judged of the 
crimes of guardians and curators ; he checked the frauds of 
bankers and money- brokers ; he had the superintendence of 
the shambles,* and of the public spectacles : in short, he took 
care to preserve order and public quiet, and punished all trans- 
gressions of it, not only in the city, but within a hundred miles 
of it.^ He had the power of banishing persons both from the 
city and from Italy, and of transporting them to any island 
which the emperor named.^ 

The praefect of the city ^vas, as it v\'ere, the substitute ' of the 
femperor, and had one under him, who exercised jurisdiction in 
his absence, or by his command. He seems to have had the 
same insignia with the prators. 

II. The prefect of the praetorian cohorts,^ or the commander 
of the emperor's body guards. 

Augustus instituted t>vo of these from the equestrian order, by 
the advice of Maecenas, that they might counteract one another, 
if one of them attempted any innovation.^ Their power Avas at 
first but small, and merely military : but Sejanus, being alone 
invested by Tiberius with this command, increased its influence, ^^ 
by collecting the prfetorian cohorts, formerly dispersed through 
the city, into one camp.^^ 

The prasfect of the praetorian bands was under the succeeding 
emperors made the instrument of their tyranny, and therefore 
that office Avas conferred on none but those whom they could 
tintirely trust. They ahvays attended the emperor to execute his 
commands : hence their power became so great that it Avas little 
inferior to that of tlie emperor himself.^- Trials and appeals were 
brought before them ; and from their sentence there was no 
appeal, unless by way of supplication to the emperor. 



1 Gell. xiv. c. ult. Liv. 3 ex viris primariis vel 7 vicarius. 11 Tac. Ann. i 

, '• 53- consularibus. 8 prasfectus praetorio, Suet. Tib. 37. 

.i cunctis apuJ Romam 4 carnis curam gerebat, vel praetoriis cohorti- 12 ut noii niultu 

atquc Italiam prxposi- 5 intra centesnnum .ib bus. fuerit, a princip: tii 



ibi<l. Hor. urbelapideni.Dio.lii.21. 9 Di... lii. 21. mnnus proxiinum vel 

?, i"-'%^' '^' -^' "^^' ^ '" '"sulam deportan- 10 vim priefertura; mo- alterum ab Augxistiim 
IJio.lu. a. di, Ulp. Ott. Pracf.Urb. dicam antea intenUit. perio, Vict. C«s. ? 



124 ROMAN ANTIQUITIES. 

The prcetorJan prssfect was appointed to his office by the em- 
peror's delivering- to him a s^vord.^ 

Sometimes there was but one praefect, and sometimes two. 
Constantine created four pr^fecti pralorio : but he changed 
their office very much from its original institution ; for he made 
it civil instead of military, and divided among them the care ol 
the whole empire. To one he gave the command of the East, 
to another of Illyricum, to a third of Italy and Africa, and to a 
fourth, of Gaul, Spain, and Britain ; but he took from them the 
command of the soldiers, and transferred that to cfficers, who 
were called magistri eqiiitum. 

Under each of these prcefecti pr(Btorio were several substi- 
tutes,^ who had the charge of certain districts, which were called 
Dio-XESEs ; and the chief city in each of these, where they held 
their courts, was called metropolis. Each dioscesis might con- 
tain several metropoles, and each metropolis had several cities 
under it. But Cicero uses dkecesis for the part of a province, 
and calls himself episcopus, inspector or governor of the Cam- 
panian coast, as of a dioscesisJ^ 

III. Pr.4:fectus annon.tt, vel rei fntmeniarics, who had the 
charge of procuring corn. 

A magistrate used to be created for that purpose on extraor- 
dinary occasions under the repubhc: thus L. Minutius, and so 
afterwards Pompey with great power."* In the time of a great 
scarcity, Augustus himself undertook the charge of providing 
corn,^ and ordained, that for the future two men of praetorian 
dignity should be annually elected to discharge that office; af- 
terwards he appointed four,'' and thus it became an ordinary 
magistracy. But usually there seems to have been but one prce- 
fectus annoTKB ; it was at first an office of great dignity, but not 
so in after times.' 

IV. FR.iiFECTUs militaris yERARii, a pcrson who had the 
charge of the public fund which Augustus instituted for the sup- 
port of the army.^ 

V. Pr/efectus classis, admiral of the fleet. Augustus equip- 
ped two fleets, which he stationed,^ the one at Ravenna on the 
Hadriatic, and the other at IVIisena or -um on the Tuscan sea. 
Each of these had its own proper commander.^" There Avere 
also ships stationed in other places ; as in the Pontus Euxinus, 
near Alexandria, on the Pthine, and Danube.^^ 

VI. Pr.efectus viGiLUM, tlic officcr who commanded the sol- 

1 Plin. Pan. 67. Herod, data est, Liv. iv. 12. Hist. iv. 68. Boetli. 10 prxfectus classis 
iii. 2. Uio. Ixviii. 33. Cic. Att. iv. 1. Dio. Cons. Phil. iii. Ravennatis, et prxfec- 

2 vicarii. xxxix. 9. Liv.Epit.lU!. 8 .-Krarium militare cum tus classis Misenatiuni, 

3 Cic. Att. v.21.vii.ll. Plin. Pan. 29. novis vecligalibiis ad Tac. Hist, iii, 12. Vey. 
Fam. iii. 8. xiii.53. 67. 5 prsefecturain annonai lunntlos pioscquenilos- iv. 33. 

4 oninis potestas lel suscepit. que /nilites, Suet. Aug. 11 Tac. Hist. ii. 83. 
frumentariae toto orbe 6 Dio.' liv. 1. 17. 49. Ann. xiii. bO. &c Suel. 
in quincjuennlum ei 7 Ta< . Ann. i. 7. xi. PI. 9 constitiiit. Aug. 98. Flor. iv 12. 



DICTATOR AND MASTER UF HORSE. 125 

diers %\ho were appointed to watch the city. Of these there 
were seven cohorts, one for every two wards,^ composed chiefly 
of manumitted slaves.^ Those who guarded adjoining* houses 
in the night-time, carried each of them a bell/ to give the 
alarm to one another when any thing happened. 

The prcBfectus vigilum took cognizance of incendiaries, thieves, 
vagrants, and the like ; and if any atrocious case happened, it 
was remitted to the prsefect of the city. 

There were various other magistrates in the latter times of 
the empire, called comites, corrector es^ duces, magistri ojjicf- 
vrum^ scriniorum, &c. who were honoured with various epi- 
thets, according to their different degrees of dignity ; as, claris- 
simi, illustres, spectabiles, egregii, perfectissimi , &c. The high- 
est title was nobilissimus and gloriosissimus. 

EXTRAORDINARY MAGISTRATES. 

I. DICTATOR AND MASTER OF HORSE. 

The Dictator was so called, either because he was named by 
the consul,"^ or rather from his publishing edicts or orders.^ He 
was also called magister popidi, and prcBtor maximus. This 
magistracy seems to have been borrowed from the Albans, or 
Latins.^ 

It is uncertain who was first created dictator, or in what year. 
Livy says, that T. Lartius was first created dictator, A. U. -^53, 
nine years after the expulsion of the kings. The drst cause of 
creating a dictator was the fear of a domestic sedition, and of a 
dangerous war from the Latins. As the authority of the con- 
suls was not sufficiently respected on account of the libei-ty of 
appeal from them, it was judged proper, in dangerous conjunc- 
tures, to create a single magistrate, with absolute power, from 
whom there should be no appeal, and who should not be I'e- 
strained by tlie interposition of a colleague. '^ 

A dictator was afterwards created also for other causes : as, — 
1. For fixing a nail ^ in the right side of the temple of Jupiter, 
which is supposed to have been done in those rude ages," to 
mark the number of years. This was commonly done by the 
ordinary magistrate ; but in the time of a pestilence, or of any 
great public calamity, a dictator was created for that purpose,^" 
to avert the divine wrath. — ,2. For holding the Comitia. — .9. For 
the sake of instituting holidays, or of celebrating games when 



1 una cohors binis re- 


retur, cui dicto oranes 


diceret, Suet. .Tul. 


77. 


gendi causa. 




gionil.us. 


nudi ntes essent.Varr. 


6 Sen. Kp. 108. J. 


V. i. 


9 cum hteras 


er.irl 


2 liher.ino n.ilite, Suet. 


L. L. iv. U. 


23.vii.3.Gi'-. Mi 


.10. 


rar^. 




Aug. 25. 30. 


5 a riictando, quod mul- 


7 Liv. ii, 18. -29. iii 


2i(. 


10 quia niajiis 


iixpc 


3 «o)iu,.-, tiiitinnabulum, 


ta dictaret, i.e. edirs- 


Cic. Lesjg. iii. a. D 


ony. 


liuni cral. Liv. 


•iii.is. 


Dio. liv. 4. 


ret: et homines pro 


V. 70. &G. 








' ^uoJ a tons'.ilc dite- 


le^ibiis httbeient qua; 


S clavi figcndi vrl 


pan- 







I, 3 



126 



ROMAN ANTIQUITIES. 



the prastor was indisposed 4 For holding trials.^ — And, 5. 

Once for choosing senators,^ on which occasion there were two 
dictators ; one at Rome, and another commanding an army, 
which never was the case at any other time.^ 

The dictator was not created by the suffrages of the people, as 
the other magistrates ; but one of the consuls, by order of the 
senate, named as dictator Avhatever person of consular dignity 
he tliought proper ; and this he did, after having taken the 
auspices, usually in the dead of the night.'^ 

One of the military tribunes also could name a dictator; about 
Avhich Livy informs us there was some scruple. He might be 
nominated out of Rome, provided it was in the Roman territory, 
which was limited to Italy. Sometimes the people gave direc- 
tions whom the consuls should name dictator.^ 

Sylla and Cassar were made dictators at the Comitia, an in- 
terrex presiding at the creation of the former, and Lepidus the 
prffitor at the creation of the latter.** 

In the second Punic war, A. U. 536, after the destruction of 
the consul Flaminius and his army at the Thrasimene lake, 
when the other consul was absent from Rome, and word could 
not easily be sent to him, the people created Q. Fabius Maximus 
PRODiGTATOR, aiid M. Minucius Rufus master of horse.^ 

The power of the dictator was supreme both in peace and 
war. He could raise and disband armies ; he could determine 
about the life and fortunes of Roman citizens, without consulting 
the people or senate. His edict was observed as an oracle.^ At 
first there was no appeal from him, till a law ^vas passed that no 
magistrate should be created without the liberty of appeal,^ first 
by the consuls Horatius and Valerius, A. U. 304 ; and afterwards 
by the consul M. Valerius, A. U. 453.^*^ But the force of this 
law with respect to the dictator is doubtful. It was once 
strongly contested, ^^ but never finally decided. 

The dictator was attended by twenty-four lictors,^^ with the 
fasces and secures even in the city.^'^ 

When a dictator was created, all the other magistrates ab- 
dicated their authority, except the tribunes of the commons. 
The consuls, however, still continued to act, but in obedience 



1 quaestionibus exerc?n- 
dis, Liv. vii. a. 23.viii. 
23. 40. ir. 7. 26. 34. 
XXV. 2. 

2 qui senatum leveret. 

3 Liv. xxiii. 22, &c. 

4 nocte silentio, ut mns 
est, dictatorem dixit, 
Liv. viii. 23. ix. 38. 
Diony. x. 23. post nie- 
diam nootem, Fest. in 
voc. Silentio, Sinis- 
ti'um, et Solida sella. 

5 Liv. iv. 31. xxvii. 5. 
Cic. RuU. iii. 2. Cks. 



Bell. Civ. ii, 19. Dio. 
xli. 36. 

7 Liv. xxii. 8. 31. 

8 pro niimiae observa- 
tum, Liv. viiL 34, 

9 sine provocatione. 

in Liv. iii. 55. X. 9. 
Fest. in voc. Optima 
lex. 

11 Liv. viii. 33. 

12 The writers on Ro- 
man antiquities, and 
especially Ur Adam, 
assert that the dictator 
was attended by Zi lie- 



tors, with the fasces 
and secures, even in 
the city. In tliis tiiey 
apptMi' ti) have erred. 
Plui.ir.-h ind.:cil tells 
us, in Fiihio, tiMt the 
dictator was attended 
by 24 lictors; but, as 
J. Lipsius observes, 
this statement is con- 
tradicted by higlier au- 
thority ; for we are 
told in the epitime of 
the 8Vth book of Livy, 
that Sylla, in assuming 



to himself 24 lictors, 
liad done a tiling en- 
tirely unprecedent' d: 
Sylla, dictator factus, 
quod nemo quidem un- 
quam feccrat, cum fas- 
cibus viginti quatuor 
processit. — A ntho N. 
13 so that Livy justly 
calls iniperiuni diclato- 
ris, siio ingenio vehe- 
mens, a command in 
itself uncontrollahie 



DICTATOR AND MASTER OF HORSE. 137 

to the dictator, and without any ensigns of authority in his 
presence.^ 

The power of the dictator was circumscribed by certain limits. 

1. It only continued for the space of six raonths,"^ even although 
the business for which he had been created was not finished, and 
was never prolonged beyond that time, except in extreme ne- 
cessity, as in the case of Camillus.^ For Sylla and Cffisar 
usurped their perpetual dictatorship, in contempt of th6 laws of 
their country. 

But the dictator usually resigned his command whenever he 
had effected the business for which he had been created. ' Thus 
Q. Cincinnatus and Mamercus J^lmilius abdicated the dictator- 
ship on the sixteenth day, Q. Servilius on the eighth day.* 

2. The dictator could lay out none of the public money, with- 
out the authority of the senate or the order of the people. 

3. A dictator was not permitted to go out of Italy ; which 
was only once violated, and that on account of the most urgent 
necessity, in Atilius Calatinus.^ 

4. The dictator was not allowed to ride on horseback, without 
asking the permission of the people,*" to show, as it is thought, 
that the chief strength of the Roman army consisted in the in- 
fantry. 

But the principal check against a dictator's abuse of power 
Avas, that he might be called to an account for his conduct, when 
he resigned his office.^ 

For 1 20 years before Sylla, the creation of a dictator was dis- 
used, but in dangerous emergencies the consuls were armed with 
dictatorial power. After the death of Ctesar, the dictatorship 
Avas for ever abolished from the state, by a laAV of Antony the 
consul.^ And when Augustus Avas urged by the people to accept 
the dictatorship, he refused it with the strongest marks of aver- 
sion.'-* Possessed of the power, he Avisely declined an odious 
appellation. ^° For ever since the usurpation of Sylla, the dic- 
tatorship Avas detested on account of the cruelties Avhich that 
tyrant had exercised under the title of dictator. 

To allay the tumults Avhich foUoAved the murder of Clodius by 
Blilo, in place of a dictator, Pompey Avas by an unprecedented 
measure made sole consul, A. U. 702. He, hoAvever, on the 
first of August, assumed iScipio, his father-in-law, as colleague.^^ 

When a dictator Avas created, he immediately nominated ^^ a 
master of horse,^^ usually from among those of consular or prse- 
toi'ian dignity, Avhose proper office Avas to command the cavalry, 
and also to execute the orders of the dictator. M. Fabius Bu- 



1 ?)lyb. iii. 87. Liv. \v. 


4 Liv. m.29. iv.aj.47, 


?.l X.K.i. 11. 


&c. 


2 semestris dictutura, 


5 Liv. EriU. x-ix. 


Mv. ix. 34. 


6 Liv.xxUi.il 


3 Uv. vi, 1. 


7 Uv. vii. 1. 



8 Cic. Phil. i. 1. 30 Dio. liv. 1. 

9 genu nixus, dejecta ab 11 Dio, xl.50, 51. 
htinieris toga, nudo 12 dixit. 

liectuve. deprecatus 13 magister equitum. 
est, Suet. Aug. 52. 



128 



ROMAN ANTIQUITIES. 



;.eo, the dictator nominated to choose the senate, had no master 
of horse. 

Sometimes a master of horse was pitched upon^ for the dicta- 
tor, by the senate, or by order of the people.^ 

The magister equitum might be deprived of his command by 
the dictator, and anotlier nominated in his room. The people 
at one time made the master of the horse, Minucius, equal in 
command Avith the dictator Fabius Maximus.^ 

The master of the horse is supposed to have had much the 
same insignia with the praetor, six lietors, the pr(J3texta, &c.* 
He had the use of a horse, which the dictator had not without 
the order of the people. 



DICTATORSHIP. 

The apjiointment of the first 
dictator is placed in the tenth 
year after the first consuls ; and 
the oldest annalists say it was 
T. Larcius. But there were 
divers contradictory statements, 
and the vanity of tlie Valerian 
house assigned this honour to a 
nephew of Publicola. Accord- 
ing to the date just mentioned, 
Larcius was consul at the time, 
and so only received an enlarge- 
ment of his power: another ac- 
count related as the occasion of 
the appointment, what sounds 
probable enough, that by an un- 
tbrtunate choice the republic had 
been placed in the hands of two 
consuls of the Tarquinian fac- 
tion, whose names were subse- 
quently rendered dubious by in- 
dulgence or by calumny. 

That the name of dictator was 
of Latin origin, is acknow- 
ledged; and assuredly the char- 
acter of his ofHce, invested with 
regal power for a limited period. 
Was no less so. The existence 
of a dictator at Tusculum in 
early, at Lanuvium in very late 
times, is matter of history ; and 
Latin ritual b')oks, which refer- 
red to Alban traditions, enabled 
Macer to assert that this magis- 
tracy had subsisted at Alba; 
though it is true that the preser- 
vation of any historical record 
concerning Alba is still more out 
of the question than concerning 
Rome before TuUus Hostilius, 
The Latins, however, did not 
merely elect dictators in their 
several cities, but also over the 
whole nation : from a fragment 
of Cato we learn that the Tuscu- 
lan Egerius was dictator over 
the collective budy of the Latins. 
Here we catch a glimmering of 
light; but we must follow it 
vyith caution. If Rome and La- 
tium were confederate states on 
a footing of equality, in the room 
of that supremacy which lasted 
but for a short time after the 
revolution, they must have pos- 



sessed the chief command alter- 
nately : and this would explain 
why the Roman dictators were 
appointed for only sir months ; 
and how they came to have 
twenty-four lietors: namely, as 
a symbol that the governments 
of the two slates were united 
under the same head : the con- 
suls had only twelve between 
them, which went by turns from 
one to the other. And so the 
dictatorship at the beginning 
would be directed solely toward 
foreign affairs ; and the continu- 
ance of the consuls along with 
the dictator would be accounted 
for : nay, the dictatorship, being 
distinct from tlie ofiice of the 
magisler populi, might sometimes 
be conferred on him, sometimes 
on one of the consuls. 

The object aimed at in insti- 
tuting the dictatorship, — as I 
will call it from the first, by the 
name which in course of lime 
supplanted the earlier one, — was 
incontestably to evade the Vale- 
rian laws, and to re-establish an 
unlimited authority over the ple- 
beians even within the barriers 
and the mile of their liberties : 
for the legal appeal to the com- 
monalty was from the sentence 
of the consuls, not Irora that of 
this new magistrate. Nor does 
such an appeal seem ever to have 
been introduced, not even after 
the power of the tribunes had 
grown to an inordinate excess : 
the Romans rather chose to let 
the dictatorship drop. The tra- 
dition, accordingly, is perfectly 
Correct in recording how the ap- 
pointment of a dictator alarmed 
the commonalty. 

That even the members of the 
houses at the first had no right 
of appealing against the dictator 
to their comitia, though they had 
possessed such a right even un- 
der the kings is expressly as- 
serted by Festus: at the same 
time he adds that they obtained 
it. This is confirmed by the ex- 
ample of M. Fabius; who, when 
his son was persecuted by the 



ferocity of a dictator, appealed 
in his behalf to the populace ; to 
his peers, the patricians in the 
curies. 

The later Romans had only an 
indistinct knowledge of the dic- 
tatorship, drawn from their ear- 
lier history. Kxcepling O. Fa- 
bius Maximus in the second 
campaign of the second Punic 
war, whose election and situa- 
tion, moreover, were completely 
at variance with ancient custom, 
no dictator to command an army 
had been appointed since 5(Ki ; 
and even the comitia for elec- 
tions had never been held by one 
since the beginning of the Ma- 
ced'jnian war. As applied to the 
tyranny of Sylla and the mo- 
narchy of CiEsar, the title was a 
mere name, without any ground 
for such a use in the ancient 
constitution. Hence we can ac- 
count for the error of Dion Cas- 
sius, when, overlooking tJie pri- 
vilege of-'the patricians, he ex- 
presslyasserts tliat in no instance 
was there a right of appealing 
against the dictator, and that ha 
might condemn knights and se- 
nators to death witluiot a trial; 
as well as for that of Dionysius, 
who fancies he decided on every 
measure at will, even about 
peace and war. Such notions, 
out of which the moderns have 
drawn their phrase dir.talorial 
pownr, are suitable indeed to 
Sylla and Caesar : with reference 
to tlie genuine dictatorship they 
are utterly mistaken. 

Like ignorance as to the an- 
cient state of things is involved 
in the notion of Dionysius, tliat, 
after the senate had merely re- 
solved that a dictator was to be 
appointed, and which consul was 
to name hiin, the consul exer- 
cised an uncontroled discretion 
in the choice: which opinion, 
being delivered with such posi- 
tiveness, has became the preva- 
lent one in treatises on Roman 
antiquities. Such might possibly 
be the case, if the dictator was 
restricted to the charge of iire- 



1 dalus vel additus est. 2 L: 



3 Liv. viii. 35. xxii,!i6. 4 Dio. xlii,27. 



DECEMVIRS. 



129 



II. THE D2CEMVIRS. 

The laws of Rome at iarst, as of otlier ancient nations, were very- 
few and simple.^ It is thought there was for some time no writ- 
ten law."^ Differences were determined ^ by the pleasure of the 
kings,* according to the principles of natural equity,^ and their 
decisions were held as laws.^ The kings used to publish their 
commands either by pasting them up in public on a white wall 
or tablet,' or by a herald. Hence they were said, omnia manu 
guhernare.^ The kings, however, in every thing of importance, 
consulted the senate and likewise the people. Hence we read 
of the LEGES cuRiAT.s of Romulus and of the other kings, which 
were also called leges regi^.^ 



siding over the elections, for 
which purpose it mnttered not 
■nho he was: in the second Pa- 
nic war, in 543, tlie consul V.. 
Valerius Laevinus asserted this 
us his right ; and in the first the 
practice must already have he^n 
the same ; for else P. Claudius 
Pulcher could not have insulted 
the repub ic by nominating 31. 
Glycia. But never can the dis- 
posal of kingly power have been 
entrusted to the discretion of a 
sinile elector. 

The poutifical law hooks, 
clothing the principlfS of the 
constitution atter their manner 
in an historical form, preserved 
the true account. For what 
other source can have supplied 
iJionysius with the resolution of 
the senate, as it professes to be, 
that a citizen, whom the senate 
should nominate, and the people 
Epprove of, should govern for 
SIX months ? The people here 
is the populus: it was a revival 
of the ancient custom for the 
king to be elected by the patrici- 
ans: and that such was the form 
is established by positive testi- 
mony. 

Still oftener, indeed, (hrough- 
out the whole first decad of 
Livy, do we read of a decree of 
the senate whereby a dictator 
was appointed, without any no- 
tice of the great council of the 
patricians. The old mode of 
electing the kings was restored 
in all its parts: the dictator after 
his appointment had to obtain the 
impenum from the curies. And 
thus, from possessing this right 
of conferring the imperium, the 
patricians might dispense with 
voting on the preliminary nomi- 
nation ot the senate. Appointing 
a dictator was an affair ot urgen- 
cy : some augury or other might 
interrupt the curies : it was un- 



fortunate enough that there were 
but too many chances of this at 
the time when he was to be pro- 
claimed by the consul, and when 
the law on his imperium was to 
be passed. And after the ple- 
beians obtained a share in the 
consulate, as the senate was 
continually approximating to a 
fair mixture of the two estates, 
it was a gain for the freedom of 
the nation, provided the election 
could not be transferred to the 
centuries, to strengthen the se- 
nate's power of nominating. 
Under itie old system a plebeian 
could not possibly be dictator. 
Now, as C- Marcius in 39S open- 
ed this office to his own order, 
whereas in 393 it is expressly 
slated that the appointment was 
approved by the patricians, it is 
almost certain that the change 
took place within this interval. 
Even in 444 the bestowal of the 
imperium was assuredly more 
than an empty form : but it be- 
came such by the Msnian law: 
thenceforward it was only requi- 
site that the consul should con- 
sent to proclaim the person 
named by the senate. Thus after 
that time, in the advanced state 
of popular freedom, the dictator- 
ship could occur but seldom ex- 
cept for trivial purposes : and if 
on such occasions the appoint- 
ment was left to the consuls, 
they would naturally lay claim 
to it likewise in those solitary 
instances where the office still 
had real importance. 

However, when P. Claudius 
insultingly misused his privi- 
lege, the remembrance of the an- 
cient procedure was still fresh 
ennugh for the senate to have 
the power of annulling the scan- 
dalous appointment. To do so, 
they would not even need the 
legal limitation mentioned by 



Livy, that none but consulars 
were eligible. A law of those 
early tlm°s can only have spoken 
of prietors and praetorians : for 
which reason, the praetor conti- 
nuing to be deemed a colleague 
of the consuls, it was not vio- 
lated when L. Papirius Grassus 
was made dictator in 415: and 
the other cases which would be 
against the rule, if interpreted 
strictly of such mea as had ac- 
tually been consuls, might pro- 
b.bly be explained in the same 
way, if we had praetorian Fasti. 
In a number of passages it is 
dstinctlif stated that the master 
of the knights was chosen by the 
dictator at pleasure. But this 
again must have been the more 
recent practice : at all events his 
appointment in one instance is 
attributed to the senate no less 
clearly than that of the dictator : 
as at the origin of the office it is 
at least in general terms to elec- 
tors : and the decree of the 
plehs, which in 542 raised Q. 
Fulvius Flaccus to the dictator- 
ship, enjoined him to appoint 
P. Liciuiu*; Crassus m'ifrisler 
equiluin. The civil character of 
this officer is enveloped in total 
obscurity: but that he was not 
merely the master of the horse 
and the dictator's lieutenant in 
the field, is certain. I conjec- 
ture, that he was elected by the 
centuries of plebeian knights. — 
as the migisler pvpuH was by the 
populus, the six snffragia, — and 
that he was their protector. The 
dictator may have presided at 
the election, letting the twelve 
centuries vote on the person 
whom he proposed: this might 
afterward fall into disuse, and he 
would then name his brother 
magistrate himself. — ?iiebuhr, 
Vol. i. p. 552—559. 



1 Tac. Ann. iii. 26. 

2 nihil scripti juris. 

3 lites diriraebantur. 

4 regi-m arbitrio. 



5 ex asquo etbono, Sen. 
Ep. 90. 

6 Diony. x. 1. 

7 in album relata pro- 



ponere in publi( 



S Pompon. 1.2. s. 3.D. 
Orig. Jur. i. e. potes- 



tate et imperio., Tac. 
Agric. 9. 
9 Liv. V. 1. 



130 ROMAN ANTIQUITIES. 

But the chief legislator was Servius Tuilius,^ all whose law s, 
however, were abolished at once ^ by Tarquinius ISuperbus. 

After the expulsion of Tarquin the institutions of the kings 
were observed, not as written law-, but as customs ; ^ and tiie 
consuls determined most causes, as the kings had done, accord- 
ing- to their pleasure. 

But justice being thus extremely uncertain, as depending on 
the will of an individual,^ C. Terentius Arsa, a tribune of the 
commons, proposed to the people, that a body of laws should be 
drawn up, to which all should be obliged to conform.^ But 
this was violently opposed by the patricians, in whom the whole 
judicative power Avas vested, and to whom the knowledge of the 
few laws which then existed Avas confined.*" 

At last, however, it was determined, A. U. 299, by a decree 
of the senate and by the oi'der of the people, that three ambas- 
sadors should be sent to Athens to copy the famous laws of 
Solon, and to examine the institutions, customs, and laws of the 
other states in Greece.^ 

Upon their return, ten men ^ were created from among the 
patricians, with supreme power, and without the liberty of ap- 
peal, to draw up a body of laws,^ all the other magistrates having 
lirst abdicated their ofiice. The decemviri at first behaved Avith 
great moderation. They administered justice to the people 
each every tenth day. The twelve fasces Avere carried before 
him Avho Avas to preside, and his nine colleagues Avere attended 
by a single ofticer, called accensus.^" They proposed ten tables 
of laws, Avhich were ratiHed by the people at the Comitia Cen- 
turiata. In composing them, they are said to have used the 
assistance of one hermodorus, an Ephesian exile, Avho served 
them as an interpreter." 

As two other tables seemed to be Avanting, decemviri were 
again created for another year to make them. But these neAV 
magistrates acting tyrannically, and wishing to retain their com- 
mand beyond the legal time, Avere at last forced to resign, 
chiefly on account of the base passion of Appius Claudius, one 
of their number, for Virginia, a virgin of plebeian rank, Avho 
was slain by her father to prevent her falling into the decem- 
vir's hands. The decemviri all perished either in prison or in 
banishment. 

But the laws of the twelve tables ^^ continued ever after to be 
the rule and foundation of public and private right through the 
Roman Avorld.^*^ They were engraved on brass, and fixed up 



1 praccipuus sanctor le- situm, Cic. Fam. ix. 8 decemviri. 13 foiis universi publici ^ 
gum, Tac. Ann. iii. 26. 16. 9 legibus scribendis. jjrivatique juris, Liv. « 

2 uno edicto sublatic, 5 quo oranes uti debe- JO Liv. iii. 32, 33. lii. 34, finis squi juris, 
IMony. iv. 43. rent. 11 Cic. Tusc. v. 36. Tac. Ann. iii. 27. \ 

3 tanquum mores majo- Liv. iii. 9. Plin. xxxiv. 5. s. 10. , 
run). 7 Liv. iii. 31. Plin. Kp. 12 leg:es duodecim ta- I 

i in iinius volunt.iti- po- viii. 24. bularuni. 



INTERREX. 



131 



in public/ and even in the time of Cicero, the noble youth who 
meant to apply to the study of jurisprudence, Avere obliged to 
get them by heart as a necessary rhyrae,^ not that they were 
A^ritten in verse, as some have thought; for any set form of 
words,^ even in prose, was called carmen, or carmen compositum.^ 

III. TRIBUNI MILITUM CONSULARI POTESTATE. 

The cause of their institution has already been explained.' 
They are so called, because those of the plebeians who had been 
military tribunes in the army were the most conspicuous. Their 
office and insignia were much the same Avith those of the con- 
suls. 

iV. INTERREX. 

Concerning the causes of creating this magistrate, &c., see p. 91. 
OTHER EXTRAORDINARY MAGISTRATES OF LESS NOTE. 

There were several extraordinary inferior magistrates ; as 
DUUMVIRI perduellionis Judicandcs causa.^ Duumviri navales, 
classis ornand(B reficiendcBque causaJ Duumviri ad aedem Ju- 
noni Monet (B faciundam? 

Triumviri colonicB deducendce.^ Triumviri bini, qui citra et 
ultra quinquagesimum lapidern in pagis forisque et conciliabulis 
omnern copiam ingenuorum inspicerent^ et idoneos ad arma fer en- 
da conquirerent, militesque facerent}^ Triumviri bini ; uni 
sacris conquirendis donisque persignandis-; alteri reficiendis 
cedibus sacris^^ Triumviri mensarii, facti ob argenti penuriam?^ 

Quinqueviri, agro Pomptino dividendoP Quinqueviri ab dis- 
pensatione pecunicB mensarii appellati}^ Quinqueviri muris tur- 
ribusque reficiendis,^^ mimiendis publicis sumptibus}^ 

Decemviri agris inter veteranos milites dividendis.^'' 

Several of these were not properly magistrates. They were 



1 leges decemvirales, 
quibus tabulis duode- 
Oei^iin estnomen, in a:s 
intisas ill publico pru- 

Eisuerunt,sc.consu!es, 
iv. lii. 57. 

2 tanquam carmen ne- 
oessariuin, Cic. Les^. 

ii. 2;f. 

S verba concepta. 

4 Liv. i.24. .ib. iii. 6 J. 
X 33. Cic. Mur. 12. 

5 sse p. 86. 

6 two commissioners to 
pass judgment for 
murder. 

1 two naval conimis- 
siuners tor the equip- 
ping and refitting of 



the fleet. 

8 two conimissioriers to 
erect a temple to Juno 
Moueta, Liv. i. 26. vi. 
29. vii. 23. ix. 30. xl. 
18. 26.xli. l._ 

9 Ihrei^ commissioners 
to conduct a colony. 

10 two B'ts of trium- 
virs, one _ of which 
■within, an'd the other 
beyond, the distance of 
fifty miles, should in- 
spect into the number 
of free-born men in all 
the market towns and 
villages, and enlist 
such for soldiers as 
had strength enough 



to carry arms. 

11 two sets of trium- 
virs; one, to search 
for the effects belong- 
ing to the temples, and 
register the offerings: 
the other, to repair the 
temples. 

12 three public b.inliers 
appointed on account 
of a scarcity of money, 
Iiiv. iv. 11. vi. 26. viii. 
16. ix. 28. xxi.25.xxiii. 
21. xxiv. 18. sxv. 5. 7. 
xxvi. 3b. xxxi.49, xxxii, 
29. 

13 live commissioners, 
to make a distiibution 
of the Pomptine lands. 



14 five commissioners 
called bankers, from 
their dealing out the 
money. 

15 five commissioners 
for repairing the walls 
and towers (of Rome). 

lb live commissioners 
appointed to reduce tlie 
public expenses, J-/iv. 
vi. 21. vii. 21. XXV. 1 . 
Plin. Ep. ii. 1. Pan. 
62. 

17 ten commissioners, 
to distribute lands 
among tlie veteran sol- 
diers, Liv, xxxi.4. 



132 ROMAN ANTIQUITIES. 

all, however, chosen from the most respectable men of the state. 
Their office may in general be understood from their titles. 

PROVINCIAL MAGISTRATES. 

The provinces of the Roman people were at first governed by- 
praetors,^ but afterwards by proconsuls and proprietors, to whom 
were joined quaestors and lieutenants. The usual name is pro- 
consul and PROPRIETOR ; but sometimes it is written pro consule 
and pro pr<Btore, in two words ; so likewise pro qutestore.^ 

Anciently those were called proconsuls, to Avhom the com- 
mand of consul was prolonged ^ after their office was expired,^ 
or who were invested with consular authority, eitlier from a 
subordinate rank, as Marcellus, after being- praetor,^ and Gellius, 
or from a private station, as Scipio.'' This was occasioned by 
some public exigence, when the ordinary magistrates were not 
sufficient. The same was the case with propraetors.^ The first 
proconsul mentioned by Livy, was T. Quinctius, A. U. 290. 
But he seems to have been appointed for the time. The first to 
whom the consular power was prolonged, was Publilius.^ The 
name of propraetor was also given to a person whom a general 
left to command the army in his absence.^ 

The names of consul and proconsul, praetor and proprietor, 
are sometimes confounded. And we find all governors of pro- 
vinces called by the general name of proconsules, as of praesides.^" 

The command of consul was prolonged, and proconsuls occa- 
sionally appointed by the Comitia Tributa, except in the c:ise 
of Scipio, who was sent as proconsul into Spain by the Comitia 
Centuriata." But after the empire was extended, and various 
countries reduced to the form of provinces, magistrates were 
regularly sent from Rome to govern them, according to the 
JSempronian law,^^ without any new appointment of the people. 
Only military command was conferred on them by the Ocmitin 
Curiata.^^ 

At first the provinces were annual, i. e. a proconsul had the 
government of a province only for one year ; and the same 
person could not command different provinces. But this was 
i'iolated in several instances; especially in the case of Julius 
Caesar.^^ And it is remarkable that the timid compliance of 
Cicero with the ambitious views of Caesar, in granting him the 
continuation of his command, and money for the payment of his 
troops, with other immoderate and unconstitutional concessions, 

1 see p. 104. 42. x. 16. Aug. Id. Sail. Cat. 19. 12 see p. 65. 

2 Cic, Acad. 4. 4. Verr. 5 ex prxtura, Liv.xxiii. 8 Liv. iii. 4. viii.ii3.26. 13 see p. lJ(j, 
1.15.33. 30. 9 Sail. Ju?. 3(3. 103. 14 Suet. Jul. 23. 21. Cic. 

3 iraperium proroga- 6 Cic. Legg. i. 20.xivi. 10 Suet. Au;j 3.36. Fan. i. 7. see p. 13. 
turn. IS. xxviii. 38. 11 tiv. x. 21. xxvi. 18. 9t). 

4 Liv. viii. 22. 25. ix. 7 Cic. Pliil. v. 16. Suet. xxi;;. 13. xxx. 27. 



PROVINCIAL MAGISTRATES. 133 

although he secretly condemned them,^ proved fatal to himself, 
as well as to the republic. 

The praetors cast lots for their provinces,^ or settled them hy 
ag-reement,^ in the same manner with the consuls. But some- 
times provinces were determined to both by the senate or 
people.^ The senate fixed the extent and limits of the pro- 
vinces, the number of soldiers to be maintained in them, and 
money to pay them ; likewise the retinue of the governors/ and 
their travelling charges.^ And thus the governors were said 
ORNARi, i. e. irnitrm, to be furnished. What was assigned them 
for the sake of household furniture, was called vasarium. So 
vasa, furniture.^ 

A certain number of lieutenants was assigned to each procon- 
sul and propraetor, who were appointed usually by the senate, or 
with the permission of the senate by the proconsul himself, who 
was then said aliquem sibi legare, or very rarely by an order of 
the people.^ The number of lieutenants was different according 
to the rank of the governor, or the extent of the province.^ 
Thus, Cicero in Cilicia had four, Ccesar in Gaul ten, and Pom- 
pey in Asia fifteen. The least number seems to have been 
three ; Quintus, the brother of Cicero, had no more in Asia 
Minor.^'' 

The office of a legatus was very honourable ; and men of 
praetorian and consular dignity did not think it below them to 
bear it. Thus Scipio Africanus served as legatus under his bro- 
ther Lucius. ^^ 

The legati were sometimes attended by lictors, as the senators 
were when absent from Rome, jio^e liberce legationis,^'^ but the 
person under Avhom they served, might deprive them of that 
privilege.^-^ 

In the retinue of a proconsul were comprehended his military 
officers,^^ and all his public and domestic attendants. Among 
these were young noblemen, who went with him to learn the 
art of war, and to see the method of conducting public business; 
who, on account of their intimacy, were called contubernales.^' 
From this retinue, under the republic, Avomen were excluded, 
but not so under the emperors.'*' 

A proconsul set out fur his province with great pomp. Hav- 
ing offered up vows in the Capitol,^' dressed in his military 
robe,^^ with twelve lictors going before him, carrying the fasces 
and secures, and with the other ensigns of command, he went 

\ Prov. Cons. & Balb. xlv. 16, 17. 9 Cic. Phil, iu 15. ii. 10. 

27. Fam. i. 7. Att. ii. 5 comiiatus vel coliors. 10 Cic. O. fr. i. 1. 3. j5 Cic. Coel. 30. Plane. 

17. X. 6. 6 viaticum. 11 Liv. "xxxvii. 1. &c. 11. 

2 provincias sortieban- 7 Cic. Rail. ii. 13. Pis. Gell. iv. 18. 16 Tac. Ann. iii 33,31. 
tur, 35. Kv. i. 21. 12 see p. 17. Suet. Oct. 34. 

3 inter se comparabant. 8 Cic. Fam. i. 7. xii.55. 13 Liv. xxix. 9. Cic. 17 votis in capitoiio 

4 Liv. xxvii. 36. xxxii-. Vat. 15. Nep. Att. vi. Fam. xii. 30. nuncupa'is. 
51. XXXV. 21. xxxvi. 1. 6. 14 prasfecti, Cic. Vcrr. IS paiuJatus. 



J 34 



ROMAN ANTIQUITIES. 



out of the city with all his retinue. From thence he either went 
straightway to the province, or if he was detained by business, 
by the interposition of the tribunes, or by bad omens,^ he staid 
for some time without the city, for he could not be within it 
while invested with military command. His friends, and some- 
times the other citizens, out of respect, accompanied him^ for 
some space out of the city with their good wishes. When he 
reached the province, he sent notice of his arrival to his prede- 
cessor, that, by an interview with him, he might know the state 
of the province ; for his command commenced on the day of his 
arrival ; and by the cornelian law, the former proconsul was 
obliged to depart within thirty days after.^ 

A proconsul in his province had both judicial authority and 
military command.^ He used so to divide the year, that he 
usually devoted the summer to military affairs, or going through 
the province, and the winter to the administration of justice.^ 
He administered justice much in the same way with the prajtor 
at Rome, according- to the laws which had been prescribed to 
the province when first subdued, or according' to the regulations 
which had afterwards been made concerning- it by the senate or 
people at Rome ; or finally accoi'ding to his own edicts, which 
he published in the province concerning every thing of impor- 
tance.^ These, if he borrowed them from others, Avere called 
TBANSLATiTiA vol TralatUia v. -icia ; if not, nova. He always 
published a general edict before he entered on his governmeut, 
as the praetor did at Rome. 

The proconsul held assizes or courts of justice,'^ in the princi- 
pal cities of the province, so that he might go round the whole 
px'ovince in a year. He himself judged in all public and im- 
portant causes ; but matters of less consequence he referred to 
his cjuajstor or lieutenants, and also to others.^ 

The pi'ocoDSul summoned these meetings^ by an edict on a 
certain day, when such as had causes to be determined should 
attend. 1" 

The provinces were divided into so many districts, called 
coNVENTus, or circuits^^ the inhabitants of which went to a cer- 
tain city to get their causes determined, and to obtain justice. ^'' 
Thus Spain was divided into seven circuits.^^ 

The proconsul chose usually twenty of tlie most respectable 
men of the province, who sat with him in council,^'' and were 

1 PI ut. Crass. Cic. DU'. 6 Cic. Att. vi. 1. citque forum, &c. rat, &c. conventus 
i. 16. ii. y. Flor. iii. 11. 7 forum vel conventus 11 vo/xoi, Plin. Ep. x. 5. aguntur, sunt procoii- 
Dio. xxxvii. 50. a-^ebat. 12 disceptaiidi et juris sules; in jus vocent 

2 otiicii causaproseque- 8 Cic. Flac. 21. C<ec. obtinendi causa conve- se invicem. Hence, 
bantur, Liv. xlii. 49. 17. Verr. ii. 18. Att. v. iiiebant. conventus circumire, 
xlv, 59. 21. ad Q. fratr. i. 1. 7. 13 in septem conventus, Suet. .lul. 7- percur- 

3 Cic. Fam. iii. 6. Suet. Jul. 7. Plin. iii. 3. the Greeks rere, Cses. viiL 46. lor 

4 potestatem vel juris- 9 conventus indicebat. called conventus agere, urbes circumire, ubi Iii 
dictioneni et iniperium. 10 Liv. xxxi. 29. to this ayojiaio^jj aytiv. sc. Ve- conventus age bantur. 

5 Bel. 1. Cic. Att. V, 14. Virgil is Ihnufjht to al- paj. so, in Act. Apost. 14 tjui ei in consilio ade- 
Verr. 5. 12, Jude.. Aln. v. 578. indi- xix. a8. ayopaioi oyov- rant, assidebant. 



PRGVINCIAIi MAGISTRATES. 135 

called his council.^ The proconsul passed sentenca according 
to the opinion of his council.^ 

As the governors of provinces were prohibited from using- any 
other language than the Latin, in the functions of their office, 
they were always attended by interpreters. The judices were 
chosen differently in different places, according- to the rank of 
the litigants, and the nature of the cause.^ 

The proconsul had the disposal* of the corn, of the taxes, 
and, in short, of every thing which pertained to the province. 
Corn given to the proconsul by way of present, w' as called hono- 
rarium.^ 

If a proconsul behaved well he received the highest honours,^ 
as statues, temples, brazen horses, &c., Avhich, through flattery, 
used indeed to be erected of course to all governors, though 
ever so corrupt and oppressive. 

Festival days also used to be appointed ; as in honour of 
Marcellus,'^ in Sicily, and of Q. Mucius Screvola,^ in Asia. 

If a governor did not behave well, he might afterwards be 
brought to his trial : — 1. for extortion,^ if he had made unjust 
exactions, or had even received presents. — 2. for peculation ,^^ 
if he had embezzled the public money.^^ — and, 3. for what was 
called crimen majestatis, if he had betrayed his army or pro- 
vince to the enemy, or led the army out of the province, and 
made war on any prince or state without the order of the people 
or the decree of the senate. 

Various laws were made to secure the just administration of 
the provinces, but these were insufficient to check the rapacity 
of the Roman magistrates. Hence the provinces wei-e miserably 
oppressed by their exactions. Not only the avarice of the 
governor was to be gratified, but that of all his officers and de- 
pendents; as his lieutenants, tribunes, prsefects, &c., and even of 
his freedmen and favourite slaves.^- 

The pretexts for exacting money were various. The towns 
and villages through which the governors passed, were obliged, 
by the julian law', to supply them and their retinue with forage, 
and wood for firing. The wealthier cities paid large contribu- 
tions for being exempted from furnishing Avinter-quarters to the 
iirmy. Thus the inhabitants of Cyprus alone paid yearly, on 
this account, 200 talents, or about 40,000/.^^ 

Anciently a proconsul, when he had gained a victory, used to 
have golden crowns sent him not only from the different cities 

J consilium, consiliarii, niittere, admltteie, &c. 5 Cic. Pis. 35. 11 hence called peciila- 

assessoreSjetrccupera- 2 de consilii seufentia 6 Cic. Att. v. 21. tor, or depecuiaior, 

tores. Hence, consi- deerevit, pronunciavit, 7 Marcellea, .oriim. Asc. Cic. Verr. i. \. 

lium cogere, in consi- Sec. 8 Mucea, Cic. Verr. ii. 12 Juv. viii. 87 — K^l>. 

lium advocare, adhi- 3 Val. Max. ii. 2. 2. 21.10.13. 13 Cic. Att. v. 'Jl. v. 

here; in cimsilio esse, Cic. Verr. ii. 13, 15. 17. 9 repetunciarnin, Plin. Iti. 

adesse, assidcre, hn- iii. 37. Fair, xiii, 54. Kp. iv. 9. 

' licrci in cunsiiiuni ire, 4 curatio. 10 pecuialus. 

M 2 



136 ROMAN ANTIQUITIES. 

of his own province, but also from the neighbouring states, which 
were carried before him in his triumph.^ Afterwards the cities 
of the province, instead of sending crowns, paid money on this 
account, which was called aurum coronarium, and was sometimes 
exacted as a tribute.^ 

A proconsul, when the annual term of his government was 
elapsed, delivered up the province and army to his successor, if 
he arrived in time, and left the province within thirty days : but 
first he was obliged to deposit, in two of the principal cities of 
his jurisdiction, an account of the money Avhiiih had passed 
through his own or his officers' hands, stated and balanced."^ If 
his successor did not arrive, he nevertheless departed, leaving 
his lieutenant, or more frequently his quaestor, to command in 
the province.* 

When a proconsul returned to Rome, he entered the city as 
a private person, unless he claimed a triumph ; in which case he 
did not enter the city, but gave an account of his exploits to the 
senate assembled in the temple of Eellona, or in some other 
temple without the city.^ In the meantime, he usually waited 
near the city till the matter was determined, whence he was said 
ad urhem esse,^ and retained the title of imperator, which his 
soldiers had given him upon his victory, Avith the badges of com- 
mand, his lictors and fasces, &c. Appian says that in his time 
no one was called imperator, unless 10,000 of the enemy had 
been slain.^ When any one had pretensions to a triumph, his 
fasces were a]^vays wreathed Avith laurel, as tlie letters were 
which he sent to the senate concerning his victory. Sometimes, 
when the matter was long of being determined, he retired to 
some distance from Rome.^ If he obtained a triumph, a bill 
was proposed to the people that he should have military com- 
mand ^ on the day of his triumph, for without this no one could 
have military command within the city. Then he was obliged 
by the Julian law, within thirty days, to give in to the treasury 
an exact copy of the accounts which he had left in the province.^^ 
At the same time he recommended those who deserved public 
rewards for their services.^^ 

What has been said concerning a proconsul, took place with 
respect to a proprietor; unless that a proconsul had twelve lic- 
tors, and a proprjetor only six. The army and retinue of the 
one wei'e like\vise commoirly greater than that of the other. 
The provinces to which proconsuls were sent, were caUed pro- 



1 Liv. xxivii. 58. tur, rationes confectas 6 Sail. Cat. 30. 10 easdem rationes toli- 
xxxviii. 37. 14. xxxix. et consolidatas depo- 7 Bell. Civ, ii. p. 455. dem verhis referre ad 
5. 7- 29. xl, 43. Dio. nere, Cic. Fara. v. 20. 8 Cic. Fam. ii. 16. Att. JErarium, Cic. Att.v- 20. 
xlii. 49. 4 Cic. Fam. ii. 15. Att. vii. 15. x. 10. His. 17. 11 in beneficiis, ad jcra- 

2 Cic Pis. 37. vi. 5, 6. 9 ut ei imperium esset, rium detuli , Cic. ibid. 

3 apud daas civitates, 5 Liv. iii. 63. xxxviii. Liv. xlv. 35. Cic. .\tt. Arch. 5. 
qiiK maxiouE vidercn- 45. Dio. xlix. 15, iv. 16. 12 Dio. liii. 14. 



PROVINCIAL MAGISTRATES. 137 



PROVINCIAL MAGISTRATES UNDER THE EMPERORS. 

Augustus made a new partition of the provinces. Those v, hich 
were peaceable and less exposed to an enemy, he left to the 
management of the senate and people ,• but of such as were more 
strong-, and open to hostile invasions, and where, of course, it 
was necessary to support greater armies, he undertook the 
government himself^ This he did under pretext of easing the 
senate and people of the trouble, but in reality to increase his 
own power, by assuming the command of the army entirely to 
himself. 

The provinces under the direction of the senate and people,^ 
at first were Africa propria, or the territories of Carthage, 
Numidia, Cyrene, Asia, (which, Avhen put for a province, com- 
prehended only the countries along the Fropontis and the 
-^gean sea, namely, Phrygia, Mysia, Caria, Lydia,) Bithynia 
and Pontus, Grfficia and Epirus, Dalmatia, Macedonia, Siciiia, 
Sardinia, Greta, and Hispania Bcetica.^ 

The provinces of the emperor ^ Avere Hispania Tarraconensis 
and Lusitania, Gallia, Coelosyria, Phoenicia, Cilicia, Cyprus, 
i^^gyptus, to which others were afterwards added. But the con- 
dition of these provinces was often changed ; so that they Avere 
transferred from the senate and people to the emperor, and the 
contrary. The provinces of the emperor seem to have been in 
a better state than those of the senate and people.^ 

The magistrates sent to govern the provinces of the senate and 
people were called proconsules, although sometimes only of 
praetorian rank.'^ The senate appointed them by lot^ out of 
those Avho had borne a magistracy in the city at least five years 
before.^ They had the same badges of authority as the procon- 
suls had formerly ; but they had only a civil power,'-* and no 
military command,^" nor disposal of the taxes. The taxes w ere 
collected, and the soldiers in their provinces commanded by 
officers appointed by Augustus. Their authority lasted only for 
one year, and they left the province immediately when a suc- 
cessor was sent.^^ 

Those whom the emperor sent to command his provinces 
were called legati g.esaris pro consule, propr (stores, vel pio 
prcBtore, consulares legati, considares rectores, or simply consu- 
Inres and legati,^'- also prcssides, prcefecti, correctores, &c. 

The governor of Egypt was usually called pr.efectus, or prcn- 



1 regendas ipse susce- 
)iit, Suet. Aug. 47. 

2 [irovinciae senatoriae 
et populaies vel publi- 
can. 

3 Cic. Flac. 27. D\o. 



liii. 12. 6 DIo. liii. 13. 


tio. 


4provinci3Bimperatori£e, 7 snrtito mittebant. 


10 imnerium. 


vel Caesarum. 8 Suet, Aug. a6. Vesp. 


11 Dii*). ibid. 


5 Uio. liii. l->. liv. 1. 3. 4. Plin. Ep. ii. 12. Uio. 


12 13io. liii. 13. Suet. 


Stiab. xvii. lin. T.iC. liii. 14. 


Tib. 32. 41. v. sp. 4. 8. 


Ann. i. 7t5. 9 ('oteslas vel jurisilic- 


Tac. Hist. ii. !)7. 


M 3 





138 ROMAN ANTIQUITIES. 

fectus AugustaliSj^ and was the first imperatorial legate that was 
appointed. 

There was said to be an ancient prediction concerning Egypt, 
that it would recover its liberty when the Roman fasces and 
praetexta should come to it.^ Augustus, artfully converting this 
to his own purpose, (Jaimed that province to himself, and, dis- 
charging a senator from going to it without permission,^ he sent 
thither a governor of equestrian rank, without the usual ensigns 
of authority.* To him was joined a person to assist in adminis- 
tering justice, called juridicus alexandrin.e civitatis.^ 

The first prefect of Egypt was Cornelius Gallus, celebrated 
by Virgil in his last eclogue, and by Ovid.^ 

The legates of the emperor were chosen from among the sena- 
tors, but the prrefect of Egypt only from the equites.' Tiberius 
gave that charge to one of his freedmen. The legati Casaris 
wore a military dress and a sword, and were attended by soldiers 
instead of lictors. They had much greater powers than the pro- 
consuls, and continued in command during the pleasure of the 
emperor.^ 

In each province, besides the governor, there was an officer 
called procurator c.esaris,^ or curator, and in later times ratio- 
nalis, Avho managed the affairs of the revenue,^" and also had a 
judicial power in matters that concerned the revenue, Avhence 
that office was called procuratio amplissimcu^^ These procura- 
tors were chosen from among the equites, and sometimes from 
freedmen. They were sent not only into the provinces of the 
emperoi', but also into those of the senate and people.^- 

Sometimes a procurator discharged tlie office of a governor ,^^ 
especially in a small province, or in a part of a large province, 
where the governor could not be present; as Pontius Pilate 
did, who was procurator or propositus ^* of Judea, which was 
annexed to the province of Syria. Hence he had the power of 
punishing capitally, which the procuratores did not usually pos- 
sess. ^^ 

To all these magistrates and officers Augustus appointed dif- 
ferent salaries, according to their respective dignity .^"^ Those 
who received 200 sestertia were called dugenarii; 100, cente- 
narii ; 60, sEXAGENARii, &c.^^ A certain sum was given them 
for mules and tents ; which used formerly to be afforded at the 
public expense.'^ 

All these alterations and arrangements vt^ere made in appear- 
ance by public authority, but in fact by the will of Augustuf. 

1 Suet. Vesp. 6. Digest. 6 Am. i. 15. 29. hunc 9 Tac. Agric. 15. batur. 

2 Cic. Film i. 7. Treb. primum iE.^yptus Ro- 10 qui res fiscicurabat: 11 Suet. Vesp. 4, 
Poll. .-Emil, manum iudicem habuit, publicns leditus colli- 15 'I ac. Ann. iv. J5. xii. 

3 Dio. li. 17. Eutr. vii.7- Suet.Aug. gebat et ero^abat. '23. xv. 44. 

4 Tac. Ann. ii. 59. Suet. C6. Dio. li. 17. 11 Suet. Clami. 12. IB Di... lili. 15. 

Tib. 53. 7 Tac.xii.60. Dio. liii. Galb. 15. 17 Capitoiin. in Pcrt!- 

5 Pandect, o ,?.»a<o,^OT.;s, 13- 12 Dio. Hi. 25. liii. 15. nac. c. 2. 
Strab. xvii. p. 797. S Dio. i:ii. 13. Iviii. 19. 13 vice prasitlis fuiije- 18 Suet. Aug. 36. 



RE-ESTABLISHMENT OF MONARCHY. 139 



RE-ESTABLISHMENT OF MONARCHY UNDER AUGUSTUS ; 
TITLES, BADGES, AND POWERS OF THE EMPERORS. 

The monarch] al form of government established by Aug'iistus, 
although different in name and external appearance, in several 
respects resembled that which had prevailed under the kings. 
Both Avere partly hereditary, and partly elective. The choice 
of the kings depended on the senate and people at large ; that 
of the emperors, chiefly on the army. When the former abused 
their power they were expelled; the latter Avere often put to 
death ; but the interests of the army being- separate from those 
of the state, occasioned the continuation of despotism. Accord- 
ing to Pomponius,^ their rights were the same ; but the account 
of Dionysius and others is different.- 

As Augustus had become master of the republic by force of 
arms, he might have founded his right to govern it on that basis, 
as his gTand uncle and father by adoption, Julius Cassar, had 
done. But the apprehension he always entertained of Caesar's 
fate made him pursue a quite different course. The dreadful 
destruction of the civil wars, and the savage cruelty of the Tri- 
umviri, had cut off all the keenest supporters of liberty,^ and 
had so humbled the spirit of the Romans, that they were willing 
to submit to any form of government rather than hazard a repe- 
tition of former calamities.^ The empire was now so widely 
extended, the number of those who had a right to vote in the 
legislative assemblies so great, (the Romans having never em- 
ployed the modern method of diminishing that number by re- 
presentation,) and the morals of the people so corrupt, that a 
republican form of government was no longer fitted to conduct 
so unwieldy a machine. The vast intermixture of inhabitants 
which composed the capital, and the numerous armies requisite 
to keep the provinces in subjection, could no longer be con- 
trolled but by the power of one. Had Augustus possessed the 
magnanimity and wisdom to lay himself and his successors under 
proper restraints against the abuse of power, his descendants 
might have long enjoyed that exalted station to which his won- 
derful good fortune, and the abilities of others had raised him. 
Had he, agreeably to his repeated declarations, wished for com- 
mand only to promote the happiness of his fellow-citizens, he 
would have aimed at no more power than was necessary for that 
ptft'pose. But the lust of dominion, although artfully disguised, 
appears to have been the ruling passion of his mind." 

Upon his return to Rome, after the conquest of Egypt, and 

1 de origine iuris, D. i. 2 see p. PO. qnani Vetera et peiicu- prantissime cupiverat, 

2. 14. reges omnem po- 3 Thc. Ann. i. 2. Isa malebant, ibid. Tac. Ann. i. 2, o. 10. 

testatsm habuisss. 4 tuta et praiseutia 5 spccia recusantis fta- 



140 ROMAN ANTIQUITIES. 

the death of Antony nnd Cleopatra, A. U. 725, he is said to 
have seriously deliberated with his two chief favourites, Agrippa 
and Maecenas, about resigning his power, and restoring the 
ancient form of government. Agrippa advised him to do so, 
but McBcenas dissuaded him from it. In the speeches Avhich 
Dio Cassius makes them deliver on this occasion, the principal 
arguments for and against a popular and monarchial government 
are introduced. The advice of Maecenas prevailed.^ Augustus, 
however, in the following year, having corrected the abuses 
which had crept in during the civil wars,- and having done 
several other popular acts, assembled the senate, and in a set 
speech pretended to restore every thing to them and to the peo- 
ple. But several members, who had been previously prepared, 
exclaimed against this proposal ; and the rest, either prompted 
by opinion or overawed by fear, all with one voice conjured 
him to retain the command. Upon which, as if unequal to the 
load, he appeared to yield a reluctant compliance ; and that 
only for ten years ; during which time, he might regulate the 
state of public affairs ;^ thus seeming to rule, as if by constraint, 
at the earnest desire of his fellow-citizens ; which gave his usur- 
pation the sanction of law. 

This farce he repeated at the end of every ten years ; but the 
second time, A. U. 73G, he accepted the government only for 
five years, saying that this space of time was then sufficient, and 
when it was elapsed, for five years more ; but after that, always 
for ten years."^ He died in the first year of the fifth decennium, 
the 19th of August,'' A. U. 767, aged near 7(3 years, having ruled 
alone near 44 years. The suc(;eeding emperors, although at 
their accession they received the empire for life, yet at the be- 
ginning of every ten years used to hold a festival, as if to com- 
auemorate the renewal of the empire.*^ 

As the senate by their misconduct ^ had occasioned the loss of 
liberty, so by their servility to Augustus they established 
tyranny.^ Upon his feigned otfer to resign the empire, they 
seem to have racked their invention to contrive new honours for 
him. To the names of imperator, c.esar, and prince,^ which 
they had formerly conferred, they added those of Augustus ^" and 
Father of his Country.^^ This title had been first given to 
Cicero by the senate, after his suppression of Catiline's conspi- 
racy,^^ by the advice of Cato, or of Catulus, as Cicero himself 

3 Dio, lii. 41. consuls, senators, and 10 venerandus v. -abi- 11 pater patria?, Suet. 

■Z Suet. Aug. 32. Biinian krciglits, con- lis, ab augur, quasi in- 58. Gv. Fast. ii. Y21. 

3 rempublicam ordina- tended willi emulation, auguratus vet conse- Pont. iv. 9. uU. Trist. 
ret. __ who should be the crutus ; ideoque Diis iv. 4. 13, &c. 

4 Dio. liii. 16. 4.6. liv. most willing slaves; carus; cultu divino at- 12 Roma patrcm patria; 
12. iv. 6. as Tacitus says upon ficiendus, oe^aurof, Ciceronem libera dixit, 

5 xiv. Kal. Sept. the accession of Tibe- Paus. iii. 11. vel ab Juv. viii. 211. Plin. vli. 
t) Dio. liii. 10. rius, Ann. i, 7. augeo ; quam sua Ju- 30, 

7seep. J16. 9 princeps scnatus, J'iter auget ope, Ov. 

8 mere in servilutom Dio. xliii. 41. xlvi. 47. Fast. i. 612. Suet. Aug. 
co.'isulcs, p;itres,3quei*, liii. 1. /. Uio,liii. 16, 



RE-ESTABLISHMENT OF MONARCHY. 14:1 

and some of his 
coins are still extant with that inocription. Cicero proposed 
that it should he given to Augustus, wlien yet very 3-oung. It 
v.as refused hy Tiberius, as also the title of imperatob, and do- 
MiNus, but most of the succeeding emperorh, accepted it.^ 

The title of pater patri^ denoted chiefly the paternal affec- 
tion v.hicli it became tlie emperors to entertain towards their 
subjects ; and also that power which, by the Roman law, a 
father had over his children.^ 

C-iiSAR was properly a family title. According to Dio, it also 
denoted power.^ In later times, it signihed the person destined 
to succeed to the empire, or assumed into a share of the govern- 
ment during the life of the emperor, who himself Avas always 
called Augustus, which was a title of splendour and dignity, not 
of power.^ 

Augustus is said to have first desired the name of romulus, 
that he might be considered as a second founder of the city; 
but perceiving that thus he should be suspected of aiming at 
sovereignty, he dropped all thoughts of it, and accepted the title 
of AUGUSTUS, the proposer of Avhich in the senate Avas Blunatius 
Plancus. Servius says, that Virgil, in allusion to this desire of 
Augustus, describes him under the name of quirinus.'' 

The chief title Avhich denoted command was imperator. By 
this the successors of Augustus Avere peculiarly distinguished. 
It Avas equivalent to rex. In modern times it is reckoned supe- 
rior.^ The title of imperator, however, continued to be con- 
ferred on victorious generals as formerly ; but chiefly on the 
emperors themselves, as all generals Avere supposed to act under 
their auspices.^ Under the republic the appellation of impera- 
tor AA'as put after the name ; as cicero imperator ; ^" but the title 
of the emperors usually before, as a prcenoinen}^ Thus, the fol- 
loAving Avords are inscribed on an ancient stone, found at An- 
cyra, noAV Angouri,^'^ in Asia Minor : — imp. ciisar divi f. aug. 

PONT. MAX. COS. XIV. IMP. XX. TRIBUNIG. POTEST. XXXVIII. The Cm- 

peror Caesar, the adopted son of (Julius Cfesar, called) Divus 
(after his deification) ; Augustus the high-priest, (an office \A'hicli 
he assumed after the death of Lepidus, A. U. 741), fourteen 
times consul, twenty times (saluted) imperator, (on account of 
his victories. Dio says he obtained this honour in all 21 times. 
Thus Tacitus, Nomen imperatoris semel atque vicies partum), in 
the 38th year of his tribunician power, (from the time Avhen he 
was first invested Avith it by the senate, A. U. 724.) ^^ So that 
this inscription Avas made above five years before his death. 

Ov. Trist. ii. 173. 

10 Cic. Kp. passim. 

11 Suet. Tib. 26. 

12 in lapide Ancyrano. 

13 Dio. li. IP. lii. 41 
liv. 27. Tac. Ann. i. 9. 



1 App. B. Civ. ii. 431. 


4 Dio. liii. 18. Sen. 


7 Dio. liii. 10. Suet. 


Plut. Cic. Pis. 3. 


Clera. i. 14. 


Aug. 7. Veil. ii. 91. 


2 Suet.76.Dio.xlir.4. 


5 Dio. ibid, xliii. 44. 


A'irg. .^n. i. 296. G. 


3 Phil. xiii. U. Suet. 


Suet. Galb. 1. 


iii.l?. 


2G.37.67.Dio.lviii. 2. 


6 Spart. ."Elio A'ero. 2. 


8 Dio. xliii. 41. liii. 17. 


Tac. Ann. xi. 25. 


Dio. liii. 18. 


9 Hor. Oa. iv. 11. 32. 



142 ROMAN ANTIQUITIES, 

The night after Caesar was called Augustus, the Tiber hap- 
pened to overflow its banks, so as to render all the level parts of 
Rome navigable, to which Horace is supposed to allude.^ This 
>vent was thought to prognosticate his future greatness. Among 
the various expressions of flattery then used to the emperor, that 
of Pacuvius, a tribune of the commons, was remarkable ; who 
in the senate devoted himself to Cfssar, after the manner of the 
Spaniards and Gauls,^ and exhorted the rest of the senators to 
do the same. Being- checked by Augustus, he rushed fortli to 
the people, and compelled many to follow his example. Whence 
it became a custom for the senators, when they congTatulated 
any emperor on his accession to the empire, to say, that they 
were devoted to his service."^ 

Macrobius informs us, that it was by means of this tribune '^ 
that an order of the people ^ was made, appointing- the month 
Sextilis to be called august.^ 

The titles given to Justinian in the Corpus Juris are, in the 
Institutes, sacratissimus princeps, and imperatoria majestas ; in 
the Pandects, dominus noster sacratissimus princeps ; and the 
same in the Codex, with this addition, perpetuus Augustus. 

The powers conferred on Augustus as emperor were, to levy 
armies, to raise money, to undertake wars, to make peace, to 
command all the forces of the i-epublic, to have the power of 
life and death within as well as without the city; and to do 
every thing- else which the consuls and others invested with 
supreme command had a right to do.^ 

In the year of the city 731, the senate decreed that Augustus 
should be always proconsul, even within the city; and in the 
provinces should enjoy greater authority than the ordinary pro- 
consuls. Accordingly, he imposed taxes on the provinces, re- 
warded and punished them as they had favoured or opposed his 
cause, and prescribed such regulations to them as he himself 
Ihougiit proper.*^ 

In the year 735, it was decreed, that he should always enjoy 
consular power, with twelve lictors, and sit on a curule chair 
between the consuls. The senators at the same time requested 
that he would undertake the rectifying- of all abuses, and enact 
Vvhat laws he thought proper ; offering to swear that they would 
observe them, whatever they should be. This Augustus declined, 
Avell knowing, says Dio, that they would perform what they cor- 
dially decreetl w ithout an oath ; but not the contrary, although 
they bound themselves by a thousand oaths.'' 

The multiplying of oaths always renders them less sacred, 
and nothing is more pernicious to morals, than the too frequent 

1 Od, i. 2. Dio. liii 20. Gal!, iii. 23. Vail. Max. bem rogante. 8 Dio. liii. 32. liv. 7. U. 
Tac. Ann. i. 76. ii. (i. 11. 5 plebiscitum. 25. 

2 devotos il i soldurios 3 Dio. ibid. 6 Snt. i. 12. 9 Dio. liv. 10. 
ajjpellant, Cacs. Bell. 4 Patuviu iribuno jilc- 7 Dio. liii. 17. 



RE-ESTABIilSHMENT OF MONARCHY. 143 

exaction of oalhs by public authority, without a necessary cause. 
Livy infor^is us, that the sanctity of an oath ^ had more influ- 
ence with the ancient Romans than the fear of laws and punish- 
ments.^ They did not, he says, as in aftertiraes, when a neglect 
of religion prevailed, by interpretations adapt an oath and the 
laws to themselves, but conformed every one his own conduct to 
them.^ 

Although few of the emperors accepted the title of censor,* 
yet all of them in part exercised the rights of that office, as also 
those of pontifex maximus and tribune of the commons.^ 

The emperors were freed from the obligation of the laws,^ so 
that they might do what they pleased. Some, however, under- 
stand this only of certain laws: for Augustus afterwards re- 
quested of the senate, that he might he freed from the Voconian 
law, but a person was said to be legibus solutus who was freed 
only from one law.'' 

On the first of January, every year, the senate and people 
renewed their oath of allegiance, or, as it was expressed, con- 
firmed the acts of the emperors by an oath ; which custom was 
first introduced by the triumviri, after the death of Cassar, re- 
peated to Augustus, and always continued under the succeeding 
emperors. They not only swore that they approved of Avhat 
the emperors had done, but that they would in like manner 
confirm whatever they should do. In this oath the acts of tlie 
preceding emperors, who were approved of, Avere included : and 
the acts of such as were not approved of were omitted, as of 
Tiberius, of Caligula, &c, Claudius would not allow any one 
to swear to his acts,^ but not only ordered others to swear to the 
acts of Augustus, but swore to them also himself.^ 

It was usual to swear by the genius, the fortune, or safety of 
the emperor, which was first decreed in honour of Julius Cfesar, 
and commonly observed, so likewise by that of Augustus, even 
after his death. To violate this oath was esteemed a heinous 
crime, and more severely punished than real perjury.^'' It was 
reckoned a species of treason/^ and punished by the bastinado, 
sometimes by cutting out the tongue.^^ So that Minutius Felix 
justly says, " It is less hazardous for them to swear falsely by the 
geniusof Jove, than by that of the emperor.''^'^ Tiberius prohibited 
any one from swearing by him, but yet men swore, not only by 
his fortune, but also by that of Sejanus. After the death of the 
latter, it Avas decreed that no oath should be made by any other 
but the emperor. Caligula ordained that to all oaths these 

1 fides etjusjurandum. 4 see p. 110. Dio. xlvii, 18. li. 3(1. 11 majestatis. 

2 proximo legum et pee- 5 Dio. liii. 17. see p. 117. lili. 'iS. Ivii. i:. lviii.17. 12 D. xii.J.lS.Gothofrert 
.larura metu, Liv. i. 6 legibus soluti. lis. 9. Ix. 4. 10. in loc. 

21.ii. 45. 7 Dio. liii. 18. 28. Ivi. 10 Din. xliv. 6. 50. Ivii. 13 c. 29. est iis(sc. Eth- 

3 Liv. ii, 32.iii.20.xxii. 32. Cic. Phil. ii. 13. 9. TiC. Ann. i.73.Cod. nicis) tutius per Jovis 
61. Cic. Off. iii. 30, 31, 8 in acta sua jurare. iv. 1. 2. ii. 4. 41. Dig. genium pejeraxe quam 
I'olyb.vu&i. Jlj. 9 Tac. Ann, xv'i. .22. xiL •-'. 13. Tert. Ap. 18. regis. 



144 



ROMAN ANTIQUITIES. 



vTords should be added : — Neque me, neque meos liberos chari- 

ORES HABEO, QUAM CAIUM ET SORORES EJUS, Ulld tliat tllC AVOllieil 

sliould swear by his wife Drusilla/ as he himself did, in his most 
public and solemn asseverations. So Claudius, by Livia.^ 

In imitation of the temple and divine honours appointed by 
the triumviri to Julius Cffisar, and confirmed by Augustus, altars 
■were privately erected to Augustus himself, at Rome,*^ and par- 
ticularly in the provinces ; but he permitted no temple to be 
publicly consecrated to him, unless in conjunction with the city, 
Rome : augusto et urbi rom.e ; and that only in the provinces ; 
for in the city they Avere strictly prohibited. After his death, 
they were very frequent.* 

It was likewise decreed, in honour of Augustus, that when the 
priests offered up vows for the safety of the people and senate, 
they should do the same for him, so for the succeeding emper- 
ors, particularly at the beginning of the year, on the 3d of 
January ; also, that, in all pubhc and private entertainments, 
libations should be made to him with wishes for his safety, as to 
the Lares and other gods.^ 

On public occasions, the emperors wore a crown and a trium- 
phal robe. They also used a particular badge, of having fire 
carried before them. Marcus Antoninus calls it a lamp, proba- 
bly bori'owed from the Persians.'' Something similar seems to 
have been used by the magistrates of the municipal towns ; ^ a 
pan of burning coals, or a portable hearth,^ in which incense 
was burned ; a perfumed stove.^ 

Dioclesian introduced the custom of kneeling to the emperors.^" 
Aurelius Victor says that the same thing was done to Caligula 
and Domitian.^^ 

Augustus, at first, used the powers conferred on him with 
great moderation ; as indeed all the first emperors did in the 
beginning of their government. ^^ In his lodging and equipage 
he differed little from an ordinary citizen of distinguished I'ank, 
except being attended by his praetorian guards. But after he 
had gained the soldiers l3y donatives, the people by a distribu- 
tion of grain, and the Avhole body of citizens by the sweetness of 
repose, he gradually increased his authority,^'* and engrossed all 
the powers of the state. ^* 8uch of the nobility as were most 
compliant ^^ were raised to wealth and preferments. Having 
the command of the army and treasury, he could do every thing. 
For although he pretended to separate his own revenues from 



1 Dio. lvii.8. lviii.2 6. 
12. lix. 3. 9. 11. 

2 Dio. i. 5. Suet. Gal. 
24. Claud. 11. 

S Dio. xlvii. 18. li. 20. 
Virg.Ecl.i.7. Hor.Ep. 


Iv!. 46. 

5 Dio. li. 19. lix. 21. 
Tac. Ann. iv. 17. xvi. 
22. Ov. F. ii. 6J7. 
Pont. ii. 3. ult. Hor. 
Od. iv. 5. 33. 


Tac.Ann.xiii.S.Hero- 
dian.i.8.8.i.lti. 9.;i.o. 

7 prunaabatiilns v.-uin. 

8 focus porlabilis. 

y Hor. yat. i. 5. 36. 
10 adorari se jussit, 


4. 27, 28. 

12 Dio. Ivii. 8. r.K. 4. 

13 insurgerepaulatiiu. 

14 munia smiHtiis, iiia- 
gistratuum, legurn in 
se transferre, Tac. Au. 


ii. 1. 16. Ov. F. i. 13. 
4 Tac. Ann. i. \\. 73. 
iv. 37. Sust. 53 Dio. 


6 i. 17. Xen. Cvr. viii. 
iii. p. 215. Ammian. 
x;dii. 6. Die. li. 20, 


cum ante eum cuncti sa- 
lutarenhir.TCutr. ix. Ifi. 
11 Ca2s. c. 39. Diu. li.^ 


15 quanto quis seivitio 
proraptior. 



SERVANTS OF MAGISTRATES. 145 

those of the state, yet both were disposed of equally at his 
pleasure.^ 

The long- reign and artful conduct of Augustus so habituated J 
the Romans to subjection, that they never afterwards so much 
as made one general effort to regaLi their liberty, nor even to 
mitigate the rigour of tyranny; in consequence of which, their 
character became more and more degenerate. After being de- 
prived of the right of voting, they lost all concern about public 
affairs ; and were only anxious, says Juvenal, about two things, 
bread and games.^ Hence, from this period their history is less 
interesting, and, as Dio observes, less authentic ; because, when 
every thing was done by the will of the prince, or of his favour- 
ites and freedmen, the springs of action were less known than 
under the republic.^ It is surprising that, though the Romans 
at different times Avere governed by princes of the most excel- 
lent dispositions, and of the soundest judgment, who had seen 
the woful effects of wicked men being invested with unlimited 
power, yet none of them seem ever to have thought of new- 
modelling the government, and of providing an effectual check 
against the future commission of similar enormities. Whether 
they thought it impracticable, or wished to transmit to their 
successors, unimpaired, the same powers which they had re- 
ceived ; or from what other cause, we know not It is at least 
certain that no history of any people shows more clearly the 
pernicious effects of an arbitrary and elective monarchy, on the 
character and happiness of both prince and people, than that of 
the ancient Romans. Their change of government was, indeed, 
the natural consequence of that success with which their lust of 
conquest was attended ; for the force employed to enslave other 
nations, being turned against themselves, served at first to ac- 
complish and afterwards to perpetuate their own servitude. And 
it is remarkable, that the nobility of Rome, whose rapacity and 
corruption had so much contributed to the loss of liberty, Avere 
the principal sufferers by this change ; for on them those savage 
monsters who succeeded Augustus chiefly exercised their crueUy 
The bulk of the people, and particularly the provinces, were not 
more oppressed than they had been under the republic.^ 

PUBLIC SERVANTS OF THE MAGISTRATES. 
The public servants ^ of the magistrates were called by the com- 

1 Dio. liii. 16. populique imperio ob establishment, weary public magistrates; 

2 panem et Ciixenses, certaniina potentium, ol" the mixed authority while the laws aftord- 
i. e. largesses and et avariiiam magistra- of the senate and peo- ed a feeble remedy, 
sppctncles, Juv. X. 80. tuum ; invalido legum pie ; a mode of govern- disturbed by violence, 

3 Dio. liii. 19. auxilio, quae vi, ainbi- ment long distracted defeated by intrigue, 

4 thus Tacitus observes, tu, postremo pecunia by contentions among and undermined by 
Neque provinciKillum turbabantur, Ann. i. 2. ttie great, and in the bribery and corrupli'uu 
rer.im statum abnue- — The provinces ac- end rendered into'.era- 5 niiuistri. 

bail',, SHSpecto sonatus ^uiesced under the new ble by the avarice of 
N 



1-16 ROMAN ANTIQUITIES. 

mon name of apparitores/ because they were at hand to execute 
their commands,^ and their service or attendance apparitio,^ 
These were, 

I. Scribe, notaries or clerics who wrote out the public ac- 
counts, the laws, and all the proceedings^ of the magistrates. 
Those who exercised that office were said scriptum facei'e!' from 
scriptus, -lis. They were denominated from the magistrates 
whom they attended ; thus, scrihcB qiKBstorii, (sdilitii, prcBtorii, 
kc, and were divided into different decuridB.^ It was deter- 
mined by lot what magistrate each of them should attend. This 
office Avas more honourable among the Greeks than the Ro- 
mans.^ The scribcB at Rome, however, Avere generally composed 
of free-born citizens; and they became so respectable that their 
order is called by Cicero honestus.^ 

There were also actuarii or notaiii, who took down in short- 
hand what was said or done.^ These were different from the 
scribds, and were commonly slaves or freedmen. The scribce 
were also called lihrarii. But librarii is usually put for those 
Avho transcribe books, for which purpose, the wealthy Romans, 
who had a taste for literature, sometimes kept several slaves.^" 

The method of writing short-hand is said to have been in- 
vented by Maecenas ; according to Isidore, by Tiro, the favour- 
ite slave and freedman of Cicero.^^ 

II. Pr.econes, heralds or public criers, who were employed 
for various purposes : — 

1. In all public assemblies they ordered silence,^^ by saying, 
siLETE vel tacete ; and in sacred rites by a solemn form, favete 
LiNGuis, ORE favete omnes. Hencc, SACRUM silentium^ for altia- 
simum or maximum, Orefavent, they are silent.^^ 

2. In the Comitia they called the tribes and centuries to give 
their votes; they pronounced the vote of each century; they 
called out the names of those who were elected.^^ When laws 
were to be passed, they recited them to the people.^^ In trials, 
they summoned the judices, the persons accused, their accusers, 
and sometimes the witnesses. 

Sometimes heralds were employed to summon the people to 
an assembly, and the senate to the senate-house; also the sol- 
diers, Avhen encamped, to hear their general make a speech.^'' 

3. In sales by auction, they advertised them ; ^^ they stood by 
the spear, and called out what was offered. 



] Liv.i.8. 


iii. 79. 


Att.xii. 6. Suet. Dom. 


Ov. Am. iii. 13. 29. 


a quod lis apparebant, 


7 Cic. Cat. iv. 7- Nep. 


10. Nep. Att. 13. 


14 Cic. Verr. V. 15. see 


i. e. praesto erant ad 


Eum.l. 


11 IsiJ. i. 2i. Sen. Ep. 


p. 78, 79. 
15 see p. 75. 


obs^quium, Serv. Virg. 


8 quod eorum fidei ta- 


90. Dio. \v. 7. 


/Kn. xii. 850. 


bula; publics, pericu- 


12 silentiiim indicebant 


16 see p. 6. Liv. i. JS. 


3 Cic. Fam. xiii. 51. 


laque magistratuum 


vel imperabant: ex- 


59. iii. 38. iv.32. 


4 acta. 


committuntur, Cic. 


surge, prEeco, fiic po- 


17 auctionein concla- 


S Uv.ix.46.Gcl].vi.9. 


Verr. iii. 79. 


nulo audi •ntiam,Pla,ut, 
Pffin. prol. 11. 


inabant vel prtedioa- 


e '.v hence decuiiam 


9 notis excipiebant. 


bant, Plaut. Men. Cic 


f mere, for munus scri- 


Suet. Jul. 55. 


13 Hor. Od. ii. 13. 29. 


Verr. iii. 16. Off. ii .13, 


liB einsie, Cic. Yevr. 


10 Dio.lv. 7. Fest. Cic. 


iii. 1. Virg. /En. V. 71. 


Hor,A.P.419.seep.47. 



SERVAt^TS OF MAGISTRATES. 147 

4. In the public games, they invited the people to attend 
the ni ; they ordered slaves and other improper persons to be 
removed from them ; ^ they proclaimed ^ the victors and crowned 
them ;^ they invited the people to see the secular games, which 
were celebrated only once every ] 10 years, by a solemn form, 

CONVENITE AD LUDOS SPECTANDOS, QUOS NEC SPECTAVIT QUISQUAM, 
NEC SPECTATURUS EST.* 

5. In solemn funerals, at which games sometimes used to be 
exhibited,^ they invited people to attend by a certain form ; ex 

SEQIJIAS CHREMETI, QUIBUS EST COMMODUM, IRE JAM TEMPUS EST, 

OLLus EFFERTUR.^ Hence these funerals were called funera in- 
DiCTivA. The prdBCoiies also used to give public notice when 
such a person died ; thus, ollus quiris leto datus est.^ 

6. In the infliction of capital punishment, they sometimes 
vsignified the orders of the magistrate to the lictor; lictor, viro 

Jbrti adde virgas et in eum lege primum age.^ 

7. When things were lost or stolen, they searched for them.^ 
The office of a public crier, although not honourable, was 

profitable.^^ They were generally freeborn, and divided into 
decurite. 

Similar to the pr<Bcones were those who collected the money 
bidden for goods at an auction from the purchaser, called coac- 
TOREs.^^ They were servants ^^ of the money-brokers, who at- 
tended at the auctions : hence, coactiones argentarias factitare^ 
to exercise the trade of such a collector.^^ They seem also to 
have been employed by bankers to procure payment from debt- 
ors of every kind. But the collectors of the public revenues 
Avere likewise called coactores.^* 

III. LiGTOREs. The lictors were instituted by Romulus, who 
borrowed them from the Etruscans. They are commonly sup- 
posed to have their name ^^ from their binding the hands and 
legs of criminals before they were scourged.^^ They carried on 
their shoulder rods,^^ bound with a thong in the form of a bun- 
dle ,^^ and an axe jutting out in the middle of them. They went 
before all the greater magistrates, except the censors, one by 
one in a line. He who Avent foremost was called primus lictor ; 
he who went last, or next to the magistrate, Avas called proxisius 
LICTOR, or postremus^'^ i. e. the chief lictor, summus lictor, Avho 
used to receive and execute the commands of the magistrate. 

1 Cic. Resp. Har. 12. Chremes, now is the 78. Petron. A.-b. c. 57. 16 Gell. xii. 3. 

Liv. ii. 37. time; he is brought where an allusion is 17 virgas ulmeas. Plaut. 

2 pra:dicab3nt. out for burial, Ter. supposed to be made to As. ii. 2. v. 74. iii. 2. v, 

3 Cic. Fam. V. 12. Phorm. v. 8. 38. the custom abolished 29. viminei fasces vir- 

4 C<jme and be specta- 7 Fest. Ouir. Suet. Jul. by the /libutian law. garum, Ep. i. 1. 25. vel 
tors of gamCb which no 84. 10 Juv. vii. 6, &c. ex betula, Plin.xvi. IS. 
one has seen, nor will 8 Lictor, apply the rods 11 Hor. Sat. i. G. 86. s. 30. see form, p. o2t). 
see again. Suet. Claud. to this man of valour, Cic. Clu. 64. IS bacillos loro toUiga- 
21. Herodian. iii. 8. and on him first exft- 12 ministri. los in inodura fascis. 

.^ C-ic. Legg. ii. 24. cute the law, Liv. 13 Suet. Vesp. 1. )9 Liv. xxiv. 44. Cic. 

b Whoever has a mind xxvi, 15, 16. 14 Cie. Rab. Post. 11. Frat. i. 1. 7. Div. i. iS. 

W attend the funeral ol 9 Plaut. Merc. iii. 4. v. 15 a ligando, Liv. i. S. fiall. Jug. 12. 

N 2 



148 ROMAN ANTIQUITIES. 

The office of the lictors ^vas, 

1. To remove the crowd,^ by saying, cedite, consul venit: 

DATE VIAM Vel LOCUM CONSULI ; SI VOBIS VIDETUB, DISCEDITE, QUI- 

RiTEs, or some such words/ whence the lictor is called summotor 
aditus. This sometimes occasioned a good deal of noise and 
bustle.^ When the magistrate returned vhome, a lictor knocked 
at the door with his rod,* Avhich he also did when the magistrate 
went to any other house.^ 

2. To see that proper respect was paid to the magistrates.^ 
What this respect was, Seneca informs us, namely, dismounting 
from horseback, uncovering the head, going out of the way, and. 
also rising up to them.^ 

3. To inliict punishment on those who were condemned, 
which they v.ere ordered to do in various forms : i, lictor, col- 

LIGA MANUS ; I, CAPUT OBNUBE HUJUS ; ARBORI INFELICI SUSPENDE ; 
VERBERATO VEL INTRA POM(ERIUM Vel EXtTa POMffiRIUM ; I, LICTOR, 
DELIGA AD PALUM *, ACCEDE, LICTOR, VIRGAS ET SECURES EXPEDI ; IN 

EUM LEGE AGE, 1. e. secitvi peicute^ vel feri? 

The lictors Avere usually taken from the lowest of the common 
people, and often were the fi*eedmen of him on whom they at- 
tended. They were different from the public slaves, w ho waited 
on the magistrates.^ 

IV. AccENsi. These seem to have had their name from 
summoning ^'^ the people to an assembly, and those who had 
lawsuits to court.^^ One of them attended on the consul who 
had not the fasces.^^ Before the invention of clocks, one of 
them called out to the praetor in court when it was the third 
hour, or nine o'clock, before noon ; when it was mid-day, and 
the ninth hour, or three o'clock afternoon.^^ Tliey were com- 
monly the freedmen of the magistrate on whom they attended ; 
at least in ancient times. ^* The accensi Avere also an order of 
soldiers, called supernumerarii, because not included in the 
legion.^* 

V. ViATORES. These Avere properly the officers who attended 
on the tribunes and sediles.^'' Anciently they used to summon 
the senators from the country where they usually resided ; 
whence they had their name." 

VI. Carnifex. The public executioner or hangman, Avho 
executed ^^ slaves, and persons of the lowest rank; for slaves 



1 ut turbam summove- 


5 Plin. vii. 30. s. 31. 


bind him to the stake. 


iii. 33. 


rent, Liv. iii. 11. 48. 


6 animadvertere ut de- 


Lictor, draw near, get 


13 Varr. L. L. v. 9. 


viii. 33. Hor. Od. ii. 


bitus honos iis ruddere- 


ready the rods and 


Plin. vii. bO. 


16. 10. 


tur, Suet. Jul. 80. 


axes. Treat him ac- 


14 Cic. Frat. i. 1. 4. 


2 solennis ille lictoriira 


7 Sen. Kp.ti4. Suet. Jul. 


cording to law.— Liv. 


15 Ves-ii-19---^sc.Cic. 


pt prienuricius clamor. 


78. 


i. 26. viii. 7. 32. xxvi. 


Verr. i. 28. Liv. viii. 8. 


Plln. Pan. 61. Liv. ii. 


8 Go, lictor, bind liis 


16. 


10. 


50. 


arms; cover his head; 


9 Liv. ii. D5. Cic. Verr. 


16 Liv. ii. 56. xxx. 39. 


3 Liv. xlv. 29. passim. 


hang hira upon the 


i.26. 


17 quod siBpe in via es- 


1 forem, uti nios est, 


gallows; scourge hira 


10 ab acciendo., 


sent. Cic. Sen. 16. Co- 


virsa percussit, Liv. 


without (or within) the 


11 in jus. 


lumell. Praef. 1. 


vi.3i. 


Pointeriuui. Go, lictor. 


12 Suet. Jul. 20. Liv. 


18 supplicio aflicieba*. 



LAWS OF THE ROMANS. 



149 



and freedmen were punished in a manner different from free- 
born citizens.^ The carnifex was of servile condition, and held 
in such contempt that he was not permitted to reside within the 
city, but lived without the Porta Metia, or Esquilina^ near the 
place destined for the punishment of slaves,^ called Sestertium, 
where were erected crosses and gibbets,* and Avhere also the 
bodies of slaves were burnt, or thrown out unburied,^ 

Some think that the carnifex was anciently keeper of the 
prison under the triumviri capitales, who had only the super- 
intendence or care of it : hence tradere vel trahere adcarnifwem, 
lo imprison.'' 

LAWS OF THE ROMANS. 

The laws of any country are rules established by public authority, 
and enforced by sanctions, to direct the conduct and secui-e the 
rights of its inhabitants.^ 

The laws of Rome were ordained by the people, upon the 
application of a magistrate.^ 

The great foundation of Roman law or jurisprudence ^ was 
that collection of laws called the law, or laws of the Twelve 
Tables, compiled by the decemviri, and ratified by the people ;^" 
a Avork, in the opinion of Cicero, superior to all the libraries of 
philosophers.^^ Psothing now remains of these laws, but scattered 
fragments. 

The unsettled state of the Roman government, the extension 
of the empii-e, the increase of riches, and consequently of the 
number of crimes, with various other circumstances, gave oc- 
casion to a great many new laws.^- 

At first those ordinances only obtained the name of laws, 
which were made by the Comitia Centuriata,^'^ but afterwards 
those also which were made by the Comitia Tributa,^^ Avhen they 
Avere made binding on the Avhole Roman people ; first by tlie 
Horatian laAv,^^ and afterwards more precisely by the Publilian 
and Hortensian lavvs.^'' 

The different laAvs are distinguished by the name ^^ of the 
persons Avho proposed them, and by the subject to which they 
refer. 

Any order of the people Avas called lex, Avhether it respected 



1 Tac. Ann. iii. 50. 

2 Cic. Rab. 5. Plaut. 
Pseud, i. 3. V. 93. 

i juxta locum servili- 
1ms pcenis sepositum, 
Tac. Ann. xv. bO. ii. 
32. Plut. Galb. 

4 cruccs et patibula, 
Tac. Ann. xiv. 33. 

5 Piaut. C.ns. ii. 6. v. 2. 
Hor. Kp. V. 9;,', 

I'lauU Kud. iii. 6. v. 



19. 

7 lex justi injustique 
re^ula, Sen. Ben. iv. 
12. leges quid aiiud 
sunt quam minis mixta 
pr«cept.i ? Ep. 94. 

8 rogante magistratu, 
p. 73, 75. 



philosnphorum bibli- 
othecis anteponendum, 
Or. i. 44, 

12 corruptissima rcpub- 
iica plurimJE leges, 
Tac. Ann. iii. 27. 

13 populiscita,Tac. All. 
- 58. 



9 Piomani juris, Liv. 14 plebiscita. 

xxxiv. (i. 15 ut qudd tribulim ple- 

10 sec p. 130. bes jussiss"t, popufum 
U oiiniibus omnium teiieret, — tlut \vlii*<>»v- 

K 3 



er was ordered by thn 
commons collectively 
should bind the whole 
people, Liv. iii. 55. 

16 ut plebiscita omnes 
(jiiirites tenerent,-thnt 
the orders of the com- 
mons should bind all 
tlic Romans, Liv. viii. 
12. Kpit. xi. Plin. xvi. 
10. s. 15. Gel). XV. 27. 

17 noinen gent,is. 



150 ROMAN ANTi^JUITIES. 

the public/ the right of private persons,^ or the particular in- 
terest of an individual. But this last was properly called 

PRIVII-EGIUM.^ 

The laws proposed by a consul were called consulares, by a 
tribune, tribunitle, by the decemviri, decem\-irales.'* 



SIGNIFICATIONS OF JUS AND LEX, AND DIFFERENT 
SPECIES OF THE ROMAN LAW. 

The words Jus and Lex are used in various senses. They are 
both expressed by the English word law. 

Jus properly implies Avhat is just and right in itself, or what 
from any cause is binding- upon us.^ Lex is a Mritten statute or 
ordinance.^ Jus is properly what the law ordains, or the obli- 
gation which it imposes ; " or, according- to the Twelve Tables, 

QUODCUNQUE POPULUS JUSSIT, ID JUS ESTO, QUOD MAJOR PARS JUDl- 

CARiT, ID JUS ratumque esto.*^ But jus and lex have a different 
meaning-, according' to the words Avith which they are joined : 
thus, Jus natur-e vel naturale, is what nature or rig^ht reason 
teaches to be right; and^'?/.s gentium, what all nations esteemed 
to be right : both commonly reckoned the same.^ Jus civium 
vel CIVILE, is what the inhabitants of a particular country esteem 
to be rigiit, either by nature, custom, or statute.^" When no 
word is added to restrict it, jus civile is put for the civil law of 
the Romans. Cicero sometimes opposes jus civile to Jus jwturale^ 
and sometimes to what we call criminal law.^^ Jus commune, what 
is held to be right among- men in general, or among- the inha- 
bitants of any country.^^ Jus publicum et privatum, what is right 
Avith respect to the people,^^ or the public at large, and with re- 
spect to individuals ; political and civil law.^* But Jus publicum 
is also put for the right which the citizens in common enjoy ed.^^ 
Jus sENATORiuM,^^ what related to the rights and customs of the 
senate ; what was the poAver of those who might make a motion 
in the senate; ^^ what the privilege of those who delivered their 
opinion ; ^*^ what the power of the magistrates, and the riglits ot 
the rest of the members, &c.^^ Jus divinum et humanum, what is 

1 jus publicum vel sa- propositasjussere, Liv. Cic. Legg. i. 15. Her. 12 Cic. Case. 4. Dij;. 
crum. lii. 34. vel a delectu, ii. 13. _ Inst. 

2 jus privatum vel ci- Cic. Legg. i. 6. ajusto 8 Liv. vii. 17. ix. 33. 13 quasi jus populi- 
vile. et jure iegendo, i. .e. Cic. cum. 

3 GelL X. 20. Asc. Cic. eligendo, from the 9 Cic. Sext. 42. Har. 14 Liv. iii. 34. Clc. 
Mil. choice of what is just resp. 11. Fan. iv. 14. Pliii. Ep. 

4 Cic, Sext 64. Rull. and right, ii. 5. lex, 10 Cic. Top. 5. Off. iiu i. 22. 

ii. 8. Liv. iii. 55 — 57. justorum injustorum- 16, l'- Ur. i. 48. hence 15 jus commune, Ter. 

.5 Cic. Oil. iii. 21. que distinctio, ibid. constituere jus, quo I'hur. ii. 2. 65. 

6 lex, quae scripto san- Gricco nomine appel- omnes utantur, Dum. 16 pars juris publici. 

cit, quod vult, aut ju- lata vo/ioj, a suum cui- cui subjecti sint, C<ec. 17 quae potestas refe- 

beudu, aut vetando, que tribuendo. i. 6. so jus Rdnianum, An- rentibus, see p. 10. 

Cic. Legg. i. 6. a le- 7 est enim jus quod lex glicum, &c. 18 quid censentibus 

gendo, quod legi solet, constituit, that is law, 11 jus publicum, Cic. jus. 

ut imiotescat, Varr. L. or, that is binding Sext. 42. A'err. i. 42, lU Plin. Ep. viii. 14. 

L, V. 7. Icgere leges wUith the lawordiiiiis, Ca;c;n. 3. Ciccil. 5. 



LAWS OF THE ROMANS. 



151 



right with respect to things divine and human.^ Jus pr^to- 
RiuM, what the edicts of the prastor ordained to be right.^ Jus 

HONORARIUM.^ J US FLAVIANUM, ^LIANUM, &C., the books of laW 

composed by Flavius, JEIius, &c. Urbanum, i. e. civile privatum^ 
ex quo jus dicit pr(Etor urhanus.^ Jus pr-ediatorium, the law 
observed with respect to the g-oods^ of those who were sureties'^ 
for the farmers of the public revenues, or undertakers of the 
public works/ ^vhich were pledged to the public,^ and sold, if 
the farmer or undertaker did not perform liis bargain.^ Hence 
PR.EDiATOR, a person who laid out his money in purchasing 
these goods, and who, of course, was well acquainted with what 
was right or wrong in such raatters.^*^ Jus feciale, the law of 
arms or heraldry, or the form of proclaiming war.^^ Jus legiti- 
MUM, the common or ordinary law, the same with jus civile, but 
jus legitimum exigere, to demand one's legal I'ight, or what is 
legally due.^^ Jus consuetudinis, what long use hath established, 
opposed to lege jus or jus scriptum, statute or written law.^*^ 
Jus poNTiFiciuM vel SACRUM, wliat is right with regard to religion 
and sacred things, much the same with what was afterwards 
called ecclesiastical law.-^* So jus religionis, augurum, cdsremo- 
niarum, auspiciorum, &c. Jus bellicum vel belli, what may be 
justly done to a state at war with us, and to the conquered.^^ 
Juris disciplina, the knowledge of'law.^" Studiosi juris, i. e. 
jurisprudentids, students in law. Consulti, periti, &c., lawyers.^'' 
Jure et legibus, by common and statute law. So Horace, vir 
bonus est quis ? Qui consulta patrum, qui leges, juraque servat, 
&c. Jura dabat legesque mi'is}^ But jura is often put for 
laws in general ; thus, nova jura condere. Jura inventa metii 
injusti fateare necesse est, civica jura respondere}^ Jus and 
^QUiTAS are distinguished, jus and justitia ; jus civile and leges. 
So mquum et bonum is opposed to callidum versutumque jus, an 
artful interpretation of a written law. Summum jus, the rigour 
of the law, summa injuria.}^ Summo jure agere, contendere, 
experiri, &<;., to try the utmost stretch of law. Jus vel jura 
Quiritium, civium, &c.-^ Jura sanguinis, cognationis, &c., rie- 



1 Liv. i. 18. xxxix. 16. 
Tac. Ann. iii. 26. 70, 
vi. 26. hence, fas et ju. 
ra sinunt, laws divine 
and human, Virg. G. 
i. 2tJ9. contra jus fas- 
que, Sail. Cat. 15. jus 
tiisque exuere, Tac. 
HisU iii. 5. oinne jus 
et fas delere, Cic. quo 
jure, quave injuria, 
right or wrong, Ter. A, 
i. 3. 9. per fas et nefas, 
Liv. vi. 14. jus et inju- 
rix. Sail. Jug. 16. jure 
fieri, jure csesus, Suet. 
.I'll. 76. 

2 Cic. Otr. i. 10. Verr. 
i. -11, 



3 see p. 102. 

4 Liv. ix. 4t). Cic. Verr, 
Act. i. 1. 

5 pi32'lia vel prasdia bo- 
na, Asc. Cic. 

6 priedes. 

7 niancipes. 

8 publico obligata vel 
pignori opposita. 

9 Cic. Baib. 20. Verr. 
i. 54. Faiu.v. 20. Suet. 
Claud, y. 

10 juris prxdiatorii pe- 
ritus, Cic. Balb. SO. 
Alt. xii. 11.17. 

11 Cic. Cff. i. 11. Liv. 
i. 3.'. 

13 Cic. Dom. 13, 11. 
Fin. \iii. 6. 



13 Cic. Inv. i!. 22. 54. 
jus civile constat aut 
ex scripto aut sine 
scripto, 1. 6. D. Just. 
.Tur. 

14 Cic. Dom. 12—14. 
Legs;, ii. IS, &c. Liv. 
i. 2(1. 

15 Caes. Bell. G. i. 2". 
Cic. Off. i. 11. iii. 29. 
Liv. i. 1, V. 27. hence, 
leges silent inter arma, 
laws are silent amidst 
arms, Cic. Mil. 4. ferre 
jus in armis, Liv. v. 3. 
facrre jus ense, Luc. 
iii. 831. viii. 642. ix. 
1073. j usque datum 
KCtleri, a successful 



usurpation, by which 
impunity and a sanc- 
tion were given to 
crimes, i. 2. 

16 Cic. Legp. i. 5. in- 
telligentia, Phil. ix. 5. 
interpretutio. Oft', i.l). 

17 Suet. Ner. 32 Gell. 
xii. 13. Cic. 

18 CicVer.i.42.44.Hor. 
Ep. i. 16. 40. Virg. 
Jt.n. i. 509. 

19 Liv. iii. 33. Hor. 
Sat. L iii. 111. Art. p. 
12.'. 398. Ep. l.:^23. 

20 Cic. Off. i. 10. iii. 16. 
Virg. ii. 4e6. I'lnl. ix. 
5. Ckc. 23. 

21 see p. 38, Sic. 



152 KOMAN ANTIQUITIES. 

cessitudo, v. jus necessitudinis, relationship.^ Jus regni, a rig-ht 
to the crown ; honorum^ to preferments ; quibus per fraudem jus 
fuit, power or authority ; jus luxuries publicce datum est^ a 
licence; quibus fallere acfurari jus erat ; in jus et ditionem vel 
potestatem alicujus venire, concedere ; habere jus in aliquem ; sui 
juris esse ac mancipii, i. e. sui urbitrii et nemini parere, to be 
one's own master ; in controverso jure est, it is a point of law 
not fixed or determined.^ Jus dicere vel reddere, to administer 
justice. Dare jus graticB, to sacrifice justice to interest.^ Jus 
is also put for the place where justice is aduiinistered ; thus, in 
JUS EAMus, i. e, ad prcetoris sellam ; injure, i. e. apud praetoi'ern, 
in court; de jure currere, from court.* 

Lex is often taken in the same general sense with jus : thus, 
Lex est recta ratio imperandi atque prohibendi, a numine deorum 
tracta ; justorum injusforumque distinctio ; (Sternum quiddam, 
quod universum mundum regit ; consensio omnium gentium lex 
natures putanda est ; non scripta sed nata lex: salus populi su- 
prema lex esto ; fundamentum libertatis, fons (Bquitatis, &c.^ 

Leges is put, not only for tlie ordinances of tlie Roman peo- 
ple, but for any established regulations ; thus, of the free towns, 
LEGES MUNiciPALEs, of the allied towns, of the provinces.*^ 

When LEX is put absolutely, the law of the Twelve Tables is 
meant ; as, lege hcereditas ad gentem Minuciam veniebat, ea ad 
hos redibat lege hcsreditaSy that estate by law fell to them. 

Leges CENSORiiE, forms of leases or regulations made by the 
censors ; lex mancipii vel mancipium, the form and condition of 
conveying property.^ 

Leges venditionis vel venalium vendendorum, agrum vel do- 
mum possidendi , &c,, rules or conditions.'^ 

Leges histories, poematum, versuum, &c., rules observed in 
writing.^" Thus we say, the laws of history, of poetry, versify- 
ing, &c., and, in a similar sense, the laws of motion, magnetism, 
mechanics, &c. 

In the Corpus Juris, lex is put for the Christian religion ; 
thus LEX Christiana, catholica, venerabilis, sanctissirna, &c. 
But Ave in a similar sense use the word law for the Jewish reli- 
gion ; as the law and the gospel : or for the books of Moses ; 
as, the law and the prophets. 

Jus BOMANUM, or Roman law, was either written or unwritten 
law.^^ The several species which constituted the jus scriptum, 

1 Suet. Cal. 16. 5 Cic. Legg. Clu. S3. 9 Cic. Or. i. 58. Hor. Hea. v. 5. 10. le'x ritaa 

2 Liv. i. 49. iii. 05. Tac. 6 Cic. Fam. vi, 18. Ver. Ep. ii. 2. v. 18. hence, qua nati sumus, Cic. 
xiv. 5. Sail. Jug. 3. ii. 13. 49, 50. emere, vcndsre liac vel 'lus. 16. mealegeutar, 
Sen. Ep.l8. Suet. Ner. 7 Cic. Verr. i. 45. Ter. ilia lege, i. e. sub hac I will observe my rule, 
le. Cic. Hecy. i. 2. 97. conditione vel pacto, Ter. Phor. iii. 2. ult. 

3 Liv. 8 Cic. Verr. i. 55. iii. 7. Suet. Aug. 21. ea lege lU Cic. Legg. i. 1. Or. 

4 Don. Ter. Phor. v. 7. Prov. Cons. 5. Kab. i. e. ex pacto et con- iii. 49. 

43. 88. Plaut. Rud. iii. Perd. 3. Ad Q. Fr. i. v.-ntu, exierat, Cic At. 11 jus sc iptumaut en 
6. 68. Men. iv. 2. 19. 12. Or. i. 39. t)ft', iii. vi 3. liac lege atque scriptum. 
Cic. Q'lin. 25. 16. uinine, Ter, A. i. 2. ^9. 



LAWS OF THE ROMANS. 133 

were, laws, properly so called, the decrees of the senate, the 
edicts or decisions of magistrates, and the opinions or writings 
of lawyers. Unwritten law ^ comprehended natural equity and 
custom. Anciently jus scriptum only comprehended laws pro- 
perly so called.^ All these are frequently enumerated or alluded 
to by Cicero, who calls them fontes ^quitatis.^ 

LAWS OF THE DECEMVIRI, OR, THE XII TABLES. 

Various authors have endeavoured to collect and arrange the 
fragments of the Twelve Tables. Of these the most eminent is 
Godfrey.* 

According to his account. 

The I. table is supposed to have treated of lawsuits ; the ii. of 
thefts and robberies ; iii. of loans, and the right of creditors 
over their debtors ; iv. of the right of fathers of families; v. of 
inhei'itances and guardianships ; vi. of property and possession ; 
VII. of trespasses and damages ; viii. of estates in the country ; 
IX. of the common rights of the people ; x. of funerals, and all 
ceremonies relating to the dead; xi. of the worship of the gods, 
and of religion ; xii. of marriages, and the right of husbands. 

Several ancient lawyers are said to have commented on these 
laws,^ but their woi-ks arc lost. 

The fragments of the Twelve Tables have been collected from 
various authors, many of them from Cicero. The laws are, in 
general, very briefly expressed : thus. 

Si in jus vocet, atque (i. e. statim) eat. 

Si imeimbrum rupsit {ruperit), ni cum eo pacit (paciscetiir), 

TALIO ESTO. 

Si falsum testimonium dicassit {dixerit) saxo dejicitor. 

Privilegia ne irroganto ; sc. magistratus. 

Pe capite {de vita, libertate, et jure) civis Eomani, nisi per 
maximum centuriatum {pci' comitia centuriata) ne ferunto. 

Quod postremum populus jussit, id jus ratum esto. 

Hominem mortuum in urbe ne sepelito, neve urito. 

Ad divos adeunto caste : pietatem adhibento, opes amovento. 
Qoi SECus faXit, deus ipse vindex ERIT. 

Feriis jurgia amovento. Ex patriis ritibus optima colunto. 

Perjurii pa:NA divina, exitium ; humana, dedecus. 

Impius ne audeto plagare donis iram deorum. 

Nequis agrum consegrato, auri, argenti, eboris sacrandi 
modus esto. 

The most important particulars in the frngments of the 
Twelve Tables come naturally to be mentioned and explained 
elsewhere in various places. 

) jus non scriptum. 3 Top. 5, &c. Htr. ii. 4 Jacobus Uethofie- 5 Cic. Legg. ii. 2i. 

2 Dig. Orig. Jur. 13. dus. Plin, xiv. 13. 



154 ROMAN ANTIQUITIES. 

After the publication of the Twelve Tables, every one un- 
derstood what was his right, but did not know the way to obtain 
it. For this they depended on the assistance of their patrons. 

From the Twelve Tables were composed certain rites and 
forms, Avhich were necessary to be observed in prosecuting law- 
suits,^ called ACTioNEs legis. The forms used in making bar- 
gains, in transferring property, &c., were called actus legitimi. 
— There Avere also certain days on which a lawsuit could be 
raised,- or justice could be lawfully administered,^ and others on 
which that could not be done ; * and some on which it could be 
done for one part of the day, and not for another.^ The know- 
ledge of all these things was confined to the patricians, and 
chiefly to the pontifices, for many years ; till one Cn. Flavius, 
the son of a freedman, the scribe or clerk of Appius Claudius 
Cascus, a lawyer Avho had arranged in writing these actiones and 
days, stole or copied the book which Appius had composed, and 
published it, A. U. 440.'' In return for which favour he was 
made curule aedile by the people, and afterwards prtetor. From 
him the book was called jus civile flavianum.' 

The patricians, vexed at this, contrived new forms of process ; 
and, to prevent their being made public, expressed them in 
writing by certain secret marks,^ somewhat like what are now 
used in writing short-hand, or, as others think, by putting one 
letter for another, as Augustus did,'^ or one letter for a whole 
word, {per siglas, as it is called by later writers.) However, 
these forms also were published by Sextus J^llius Catus, who for 
his knowledge in the civil law, is called by Ennius egregie 
cordatus homo, a remarkably wise man.^" His book was named 

JUS iELIANUM. 

The only thing now left to the patricians was the interpreta- 
tion of the law ; Avhich was long peculiar to that order, and the 
means of raising several of them to the highest honours of the 
state. 

The origin of lawyers at Rome was derived from the institu- 
tion of patronage.^^ It was one of the offices of a patron to ex- 
plain the law to his clients, and manage their lawsuits. 

Titus Coruncanius, who was the first plebeian pontifex 
maximus, A. U. 500, is said to have been the first Avho gave his 
advice freely to all the citizens without distinction,^- whom 
many afterwards imitated; as Manilius, Crassus, Mucius 
Scaevola, C. Aquilius, Gallus, Trebatius, Sulpicius, &c. 

Those who professed to give advice to all promiscuously, used 
to walk across the forum,^"^ and w ere applied to ^* there, or at their 

1 quibus inter se ho- 5 intercisi, Jur. Gell. vi. 9. Val. 11 see p. 24. 

mines <lisceptarent. 6 fastos publicavit, et Max. ii. 5. 2. Pliii. 12 Liv. Epit. 18. 1. 8.8. 

2 quando lege agi pos- actiones primum edldit. xxxii. 1. s. 6. 35. 38. D. Orig. .lur. 
tet. 7 Liv. ix. 46. Cic. Or. 8 nolis, Cic. Jlur. 11. l;i transverso loro. 

3 dies fasti. i. 41. Mur. 11. Att. vi- 9 Suet. Aug. feS. 14 ad eos adibatur. 

4 nefasti. 1. I. 2. s. 7. U. Orig. 10 Cic. Or. i. 15. 



LAWS OF THE ROMANS. 155 

own houses. Such as were celebrated for their knowleclg-e in 
law, often had their doors beset with clients before day-break,' 
for their gate was open to all,^ and the house of an eminent 
lawyer was, as it were, the oracle of the whole city. Hence 
Cicero calls their power regnum judiciale,^ 

The lawyer gave his answers from an elevated seat.* The 
client, coming up to him, said, licet consulere ? ^ The lawyer 
answered, consule. Then the matter was proposed, and an 
answer returned very shortly ; thus, qu.^ro an existimes ? vel, 

'D JUS est NEGNE ? SECUNDUM EA, QU.E PROPONUNTUR, EXISTIMO, 

PLACET, PUTO. Lawyers gave their opinions either by Avord of 
mouth or in writing ; commonly without any reason annexed,^ 
but not always. 

Sometimes, in difficult cases, the lawyers used to meet near 
the temple of Apollo in the forum," and, after deliberating toge- 
ther (which was called disputatio fori), they pronounced a 
joint opinion. Hence, what was determined by the lawyers, and 
adopted by custom, was called regepta sententia, receptum jus, 

RECEPTUS MOS, POST MULTAS VARIATIONES RECEPTUM ; and the rulcS 

observed in legal transactions by their consent, were called re- 

GUL.E JURIS. 

When the laws or edicts of the praetor seemed defective, the 
lawyers supplied what Avas wanting in both from natural equity ; 
and their opinions in process of time obtained the authority of 
law^s. Hence lawyers were called not only interpretes, but also 
coNDiTOREs ct AUGTOREs JURIS, and their opinions jus civile, 
opposed to leges.^ 

Cicero complains that many excellent institutions had been 
perverted by the refinements of lawyers.^ 

Under the republic, any one that pleased might profess to 
give advice about matters of law^ ; but at first this was only done 
by persons of the highest rank, and such as were distinguished 
by their superior knowledge and wisdom. By the Cincian law% 
lawyers were prohibited from taking fees or presents from those 
who consulted them,^" which rendered the profession of jurispru- 
dence highly respectable, as being undertaken by men of rank 
and learning, not from the love of gain, but from a desire of 
assisting their fellow-citizens, and through their favour of rising 
to preferments. Augustus enforced this law by ordaining that 
those who transgressed it should restore fourfold.^^ 

Under the emperors, lawyers were permitted to take fees ^^ 
from their clients, but not above a ce2tain sum,^-^ and after the 

1 Cic. Or. iii. 33. Hor. tri^^ode, Gic. Leffg. i. 3. Oft", iii. 16. 12 honorarium, certam 
.Sat. i. 1. V. 9. Ep.ii.l. Or. ii. 33. iii. 33. 9 Mur. la. justaimiue mercedem, 
104. 5 Cic. !Mur. 13. 10 hrm:e, turpe r?os Suet. Ner. 17. 

2 cunctis januapatebat, 6 Hur. Sat. ii. 3. 192. enipta iiiiscros <Jel"en- 13 capiendis pecuiiiis 
Tibul. i. 4. 78. Sen. Ep. 04. di-re lingua, Uv. Am. posuit mndura (so. 

a Cic. Or. i. 45. Att. i. 1. 7 Juv. i. 12i. i. 10. 39. Claudiiisl usquo ad de- 

4 e.t solio, tanquam ex 8 Dij. C^c Cxc.21. 26. 11 Dio. liv. IS. na sesleitiu, Tsc. Ana, 



156 ROMAN ANTIQUITIES. 

business was done.^ Thus the ancient connection between 
patrons and clients fell into disuse, and every thing was done 
for hire. Pei'sons of the lowest rank sometimes assumed the 
profession of lawyers,^ pleadings became venal,^ advocates made 
a shameful trade of their function by fomenting- lawsuits/ and, 
instead of honour, which was formerly their only reward, lived 
upon the spoils of their fellow-citizens, from Avhom they received 
large and annual salaries. Various edicts^ Avere published by 
the emperors to check this corruption, also decrees of the se- 
nate,^ but these were artfully eluded. 

Lawyers were consulted, not only by private persons, but also' 
by magistrates and judges,^ and a certain number of them at- 
tended every proconsul and proprtetor to his province. 

Augustus granted the liberty of answering in questions of law 
only to particular persons, and restricted the judges not to 
deviate from their opinion, that thus he might bend the laws, 
and make them subservient to despotism. His successors (except 
Caligula) imitated this example; till Adrian restored to lawyers 
their former liberty,^ Avhich they are supposed to have retained 
to the time of Severus. What alterations after that took place, 
is not sufficiently ascertained. 

Of the lawyers who flourished under the emperors, the most 
remarkable were m. antistius labeo,^" and c. ateius capito,^^ 
under Augustus ; and these two, from their different characters 
and opinions, gave rise to various sects of lawyers after them ; 
CASsius, under Claudius ; ^^ salvius julianus, under Hadrian ; 
poMPONius, under Julian ; caius, under the Antonines ; papini- 
ANus, under ISeverus ; ulpianus and paulus, under Alexander 
Severus ; hermogenes, under Constantino, &c. 

Under the republic, young- men Avho intended to devote them- 
selves to the study of jurisprudence, after finishing- the usual 
studies of grammar, Grecian literature, and philosophy,^'^ usually 
attached themselves to some eminent lawyer, as Cicero did to Q. 
Mucius Sca3\^ola,^* whom they always attended, that they might 
derive knowledge from his experience and conversation. For 
these illustrious men did not open schools for teaching law, as 
the lawyers afterwards did under the emperors, whose scholars 
were called auditores.^^ 

The writings of several of these lawyers came to be as much 

xi. 7.— He (Claudius) 2 Juv. viii. 47. Jur. Suet. 31. 12 Cassiinae scholas 

took a middle course, 3 venire advocationes. 10 incorruptaj libertatis piinceps, — the founder 

and lixed the legal per- 4 in lites coire. vir, — a strenuous as- of tlie Gassian school, 

quisite at the sum of 5 edicta, libri, vel li- sorter of civil liberty, Plin. En. vii. 24. 

10,000 sesterces. belli. 'iac. Ann. iii. 75. Gell. 13 Cx. Brut. 80. Off. i. 

1 jieractis negotiis per- 6 Plin. Ep. v. 14. 21. xiii. 12. 1. Suet.Clar. Rhet. 1. 

mittebat pecunias dun- 7 in concilium adhibe- 11 cujus obsequium do- 2. studia liheralii v, 

taxat decern millium bantur, vel assumeban- minantibus magis pro- liumanitatis, Plut. Luc. 



dare, — After the cause tur. bibatur, — a man whose pri 

is decided, they are 8 Ci<;. Top. 17.Mur. 13. flexibility gained him 14 Cic. Am. 1. 

permitted to accept a Csec. 24. Gell. xiii. 13. greater credit with 15 Sen. Contr. 25. 

gratuity of 10,000 ses- Plin. Ep. iv. 22. vi. U. those who bore rule, 

terces, Plin. Ep. v.'^l. 9 1.2. s. ult. D. Grig. ibid. 



LAWS OF THE ROMANS. 157 

respected in courts of justice ^ as the laws themselves.^ But this 
happened only by tacit consent. Those laws only had a binding- 
force, Avhich were solemnly enacted by the whole Roman people 
assembled in the Coraitia. Of these, the following are the 
chief: — 

LAWS MADE AT DIFFERENT TIMES. 

Lex acilia, 1. About transplanting colonies,^ by the tribune C. 
Acilius, A. U. 556.* 

2. About extortion,^ by Manius Acilius Glabrio, a tribune 
(some say consul), A. U. 683. That in trials for this crime, 
sentence should be passed, after the cause was once pleaded,** 
and that there should not be a second hearing.^ 

Lex ^BUTiA, by the tribune ^butius, prohibiting the proposer 
of a law concerning any charge or power, from conferring that 
charge or power on himself, his colleagues, or relations.^ 

Another concerning the judices, called centumviri, which is 
said to have diminished the obligation of the Twelve Tables, 
and to have abolished various customs which they ordained,'' 
especially that curious custom, borrowed from the Athenians,^" 
of searching for stolen goods without any clothes on but a 
girdle round the waist, and a mask on the face.^^ When the 
goods were found, it was called furtum conceptum.^^ 

Lex M-Lix et fusia de comitiis, — two separate laAvs, although 
sometimes joined by Cicero. — The first by Q. i!^]lius Patus, 
consul, A. U. 586, ordained that when the Comitia were held 
for passing laws, the magistrates, or the augurs by their authority, 
might take observations from the heavens '^'^ and, if the omens 
were unfavourable, the magistrate might prevent or dissolve the 
assembly," and that magistrates of equal authority with the 
person who held the assembly, or a tribune, might give their 
negative to any law.^^ — The second, Lex fusia, or fufia, by P. 
Furius, consul, A. U. 617, or by one Fusiusor Fufius, a tribune. 
That it should not be lawful to enact laws on all the dies fasti?*' 

Lex ^LiA SENTIA, by the consuls ^^lius and Sentius, A. U. 756, 
about the manumission of slaves, and the condition of those 
who were made free.^^ 

Lex iEMiLiA, about the censors.^^ 

Lex MuihiA sumptuaria vel cibaria, by M. ^>milius Lepidus, 
consul, A. U. 675, limiting the kind and quantity of meats to be 

1 usu fori. 7 ne reus comperendi- cum lance et lie io. Gel. 19. Vat. 9. Pis. 4. A tt. 

2 I. 2. s. 38- D. Orig. naretur, Cic. prooem. ibid. Festus in lance. ii. 9. 

Jur. Verr. 17. i. 9.Asc.Cic. ]:J Inst, ii 10. 3. 16 Cic ib. see p. 75. 

3 de coloniis deducen- 8 Cic. Rul. ii. 8. 13 de ccplo sarvarent. 17 Suet. Aus. 40. see p. 
dis. 9 Gell. ix. 18. xvi. 10. 1 1 comitiis obnunciaret. 3). 

4 Liv. xxxiii. 29. 10 Arisioph. Nub. v. 15 legi intercederent, 18 see p. 106 

5 de repetundis. 49S. Plat. Legg. xii. Cic. S.-xt. 15. 53. post 
b semel dicta causa, 11 fiirtorum qiia?stio red. Sen. 5. Prov. Ckin. 



15S ROMAN ANTIQUITIES. 

used at an entertainment.^ Pliny ascribes this law to Marcus 
kfcaurus.^ 

Leges agrari.e ; Cassia, Licinia, Flaminia, Sempronia, 
Thoria, Cornelia, Servilia, Flavia, Julia, Mamilia. 

Leges de aimbitu ; Fabia, Calpurma, Tullia, Aujidia, Licinia^ 
Pompeia. 

Leges annales vel Annarias.^ 

Lex antia sumptuaria, by Antius Restio, the year uncertain ; 
limiting the expense of entertainments, and ordaining- that no 
actual magistrate, or magistrate elect, should go any where to 
sup but ^vith particular persons. Antius, seeing his wholesome 
regulations insufficient to check the luxiu'y of the times, never 
after supped abroad, that he might not witness the violation of 
his own law.* 

Leges antoni.e, proposed by Antony after the death of CsRsar, 
about abolishing the office of dictator, contirming the acts of 
Caesar,^ planting colonies, giving away kingdoms and provinces, 
granting lengues and immunities, admitting officers in the army 
among jurymen ; allowing those condemned for violence and 
crimes against the state to appeal to the people, Avhich Cicei-o 
calls the destruction of all laws, &c, ; transferring the ri^ht of 
choosing priests from the people to the different colleges.'' 

Leges appulei.e, proposed by L. Appuleius Saturninus, xV. U. 653, 
tribune of the commons ; about dividing the public lands among 
the veteran soldiers ; settling colonies ; ^ punishing crimes against 
the slate ;^ furiiishing corn to the poor people, at |f ofan as, 
a bushel.^ 

Saturninus also got a law passed, that all the senators should 
be obliged, Avithin five days, to approve upon oath of what tlie 
people enacted, under the penalty of a heavy fine ; and the 
virtuous Metellus Numidicus w.ts banished, because he alone 
Avould not comply.^" But Saturninus himself was soon after slain 
for passing these laws by the command of Marius, who had at 
first encouraged him to propose them, and who by his artifice 
had effected the banishment of Metelkis.^^ 

Lex aquillia, A. U. 672, about hurt wrongfully done.^' 

Another, about designed fraud, A. U. 687.^^ 

hex ateria tarpeia, A. U. 300, that all magistrates miglit 
fine those who violated their authority, but not above two oxen 
and thirty sheep.^* After the Romans began to use coined 
money, an ox was estimated at 100 asses, and a sheep at ten.^^ 

1 Macrob. Sat. ii. 13. 3. 36— 38. v. 34. xlii 3. e. dextante, vel de- 11. Plut. Mar. App. 
Gell. ii. :il. 5. Att. xiv. 12. Dio cunce : s.ee leges Sem- Bell. Civ. i. 3C7. 

2 viii. 57. Aur. Vict. Cass. xlv. 28. Ap. Bol. proni*, Cic. Her. i. 12. 12 de dainno injuria 
Vir. iUustr. 72. Civ. iii. Dio. xliv. fin. Legg. ii. 16. dato, Cio. Brut. 34. 

3 see p. 8J. 7 Aur. Vict. Vir. iUust. 10 quod in legem vi la- 13 rte dolo malo, C'ir. 

4 Gell. ii. 24. BJacrob. 73. Cic. B:iib. 21. tarn jurare iiMllet, Cic. Nut. D. ill. 30. Off. iii. 
ii. 13. 8 de majestate, <;ic. Or. Sext. lb. Dom.3l.Glu. 14. 

5 acta CjEs^ri?. ii. 25 49. 35. Vict. Vir. illust. t)2. 14 Dlony x. 50. 

C Cic. Pliil. 1. 1. 9, ii. 9 semlsse ot tricute, i. 11 Cic. Rab. perd.xviii. 15 Festus in Pfcukt.s. 



LAWS OF THE ROMANS. 159 

Lex ATiA, by a tribune, A. U. 690, repealing the Cornelian 
law, and restoring the Domitian, in the election of priests.^ 

Lex ATiLiA de dedititiis, A. U. 543? Another de tutoribus, 

A. U. 443, that guardians should be appointed for orphans and 
women, by the prastor and a majority of the tribunes.^ An- 
other, A. U. 443, that sixteen military tribunes should be created 
by the people for four legions ; that is, two-thirds of the Avhole. 
For in four legions, the number which then used annually to be 
raised, there were twenty-four tribunes, six in each : of whom 
by this law four were appointed by the people, and two by the 
consuls. Those chosen by the people wei'e called comitiati ; by 
the consuls, rutili or rufuli. At first they seem to have been 
all nominated by the kings, consuls, or dictators, till the year 
393, when the people assumed the right of annually appointing 
six.* Afterwards the manner of choosing them varied. Some- 
times the people created the whole, sometimes only a part. But 
as they, through interest, often appointed improper persons, the 
choice was sometimes left, especially in dangerous junctures, 
entirely to the consuls.^ 

Lex atinia, A. U. 623, about making the tribunes of the com- 
mons senators,^ Another, that the property of things stolen 

could not be acquired by possession.'' The words of the law 
were, quod surreptum erit, ejus ^^terka auctoritas esto.^ 

Lex AUFiDiA de ambitu, A. IJ. 69;^. It contained this singular 
clause, that if a candidate promised money to a tribe, and did 
not pay it, he should be excused; but if he did pay it, he should 
be obliged to pay to every tribe a yearly fine of 3000 sestertii 
as long as he lived.^ 

Lex AURELiA judiciaria, by L. Aurelius Cotta, praetor, A. U. 
683, that judices or jurymen should be chosen from the sena- 
tors, equites, and tribuni Eerarii. The last were officers chosen 
from the plebeians, who kept and gave out the money for de- 

fi-aying the expenses of the army.^" Another, by C. Aurelius 

Cotta, consul, A. U. 678, that those who had been tribunes 
might enjoy other offices, which had been prohibited by Sylla." 

Lex B.iiBiA, A. U. 574, about the number of prastors.^^ Ano- 
ther against bribery, A. U. 571.^^ 

Lex c.i:ciLiA didia, or et Didia, or Didia ef CcBcilia, A. U. 
655, that laws should be promulgated for three market-days, 
and that several distinct things should not be included in th<-- 

same law, which was called ferre per saturam. Another 

against bribery. Another, A. U. 693, about exempting the 

city and Italy from taxes. ^* 

1 Dio. xxxvii. 37. 5 Liv. xlii. 31. xlili. 12. 9 Cic. Att. i. 16. 12 see p. 101. 

2 Uv. xxvi. 33. xliv. 21. 10 Cic. Verr. 2. 69. 72. 13 Liv, xl. 19. 

3 Ulp. Fragm. Liv. 6 GelL xiv 8. Phil. i. 8. Rull. i. 3. 14 Cic Att. ii. 9. Phil. 
xxxix.9. see p. :3. 7 usucapione. Asc. Plane 8. Att. i. v. 3. Doni. 20. Sull.'.2, 

4 Liv. vii. 5. ix. 31. 8 see p. 47. Gell. xvii. ]6. Fest. 23. Dio. xxxvii. ol. 
Abc Cic. 7. Cic, Verr. i. 12. 11 Asc. Cic. 

n 9 



160 ROMAN ANTIQUITIES. 

Lex CALPURNiA, A. U. 604, ag-ainst extortion, by which law 

the first qucBstio perpetua was established Another, called 

also Acilia, concerning bribery, A. U. 686.^ 

Lex CANULEiA, by a tribune, A. U. 309, about the intermarriage 
of the patricians with the plebeians.^ 

Lex CASSIA, that those whom the people condemned should 

be excluded from the senate Another about supplying the 

senate.— — Another, that the people should vote by ballot, &<;.^ 

Lex CASSIA TERENTiA frumentavia, by the consuls C Cassius 
and M. Terentius, A. U. 680, ordaining, as it is thought, that 
five modii or pecks of corn should be given monthly to eacli of 
the poor citizens, which was not more than the allowance of 
slaves,^ and that money should be annually advanced from the 
treasury, for purchasing 800,000 modii of wheat/ at four ses- 
tertii a modius or peck ; and a second tenth part ^ at three ses- 
tertii a peck.^ This corn was given to the poor people, by the 
Sempronian law, at a semis and ti-ie7is a modius or peck ; and by 
the (Jlodian law, gratis.^ In the time of Augustus, we read that 
200,000 i-eceived corn from the public. Julius Caesar reduced 
them from 320,000 to 150,000.9 

Lex CENTURiATA, the name of every ordinance made by the 
Comitia Centuriata.^'* 

Lex ciNCiA de donis et muneribus, hence called muneralis, by 
Cincius, a tribune, A. U. 549, that no one should take money 
or a present for pleading a cause.^^ 

Lex CLAUDIA de nuvibus, A. U. 535, that a senator should not 
have a vessel above a certain burden.^- A clause is supposed to 
have been added to this law prohibiting the qurestor's clerks 
from trading.^-^ Another, by Claudius the consul, at the re- 
quest of the allies, A. U. 573, that the allies and those of the 
Latin name should leave Rome, and return to their own cities. 
According to this law the consul made an edict ; and a decree of 
the senate Avas added, that for the future no person should be 
manumitted, unless both master and slave swore that he was not 
manumitted for the sake of changing his city. For the allies 
used to give their children as slaves to any Koman citizen on 
condition of their being manumitted.^* Another, by the em- 
peror Claudius, that usurers should not lend money to minors, 
to be paid after the death of their parents, supposed to be the 
same with Avhat was called the senatus-consultum macedonianum, 
enforced by Vespasian.^^ Another, by the consul Marcellus, 

1 Cic. Verr. iv. 25. Off. 5 tritici imperati. 10 Cic. Rull. ii, 11. sent, Liv. xlL 8, 9. 

ii. 21. Mur. 23. Brut. 6 alteras decuiuas, see 11 Plaut. apud Festuni. Cic. Balb. 23. 

27. Sail. Cat. 18. p. 60. Cic. Sen. 4. Or. ii. 7. 15 Tac. Ann. xi. 13. 

2Liv. iv. 6. 7 pro . decamano, Cic Alt. i. 20. Tac. Ann. xi. UIp. Suet. 11. to this 

3 Asc. Cic. Corn. Tac. Verr. iii. 70. v. 71. 5. Liv. xxxiv. 4. crime Horace alludes, 
xi. 25. see p. 77. 8 see p. 161. 12 see p. 5. Sat. i. 2. v. 14. 

4 Sail. Hist. Fragin. p. 9 Dio. Iv. lO.Snet. Aug. 13 Suet Dom. 9. 

974. ed. Gortii. ' 4U. 4a. Jul. 41, 14 ut libertini cives es- 



LAWS OF THE ROMANS. 161 

A. U. 703, that no one should be allowed to stand candidate 
for an office Avhile absent : thus taking from Cassar the privilege 
granted him by the Pompeian law ; ^ also, that the freedom o£ 
the city should be taken from the colony of l^ovumcomum, w^hich 
Cassar had planted.^ 

Leges ciiODLE, by the tribune P. Clodius, A. U. 695. 

1. That the corn which had been distributed to the people 
for a semis and triens, or for \% of an as, dextans, the modius, 

or peck, should be given gratis.^ 2. That the censors should 

not expel from the senate or inflict any mark of infamy, on any 
man who w^as not first openly accused and condemned by their 

joint sentence.* 3. That no one should take the auspices, or 

observe the heavens when the people were assembled on public 
business ; and, in short, that the ^lian and Fusian laws should 

be abrogated.^ 4. That the old companies or fraternities ^ of 

artificers in the city which the senate had abolished, should be 
restored, and new ones instituted.^ These laws were intended 

to pave the way for the following : 5. Tliat whoever had 

taken the life of a citizen uncondemned and without a trial, 
should be prohibited from fire and water : by which law Cicero, 
although not named, Avas plainly pointed at, and soon after, by 
means of a hired mob, his banishment was expressly decreed by 
a second law.^ 

Cicero had engaged Ninius, a tribune, to oppose these laws, 
but was prevented from using his assistance, by the artful con- 
duct of Clodius ; and Pompey, on whose protection he had rea- 
son to rely, betrayed him.^ Cffisar, who was then without the 
walls with his army, ready to set out for his province of Gaul, 
offered to make hiui one of his lieutenants ; but this, by the 
advice of Pompey, he declined. Crassus, although secretly 
inimical to Cicero, yet, at the persuasion of his son, who was a 
great admirer of Cicero's, did not openly oppose him. But 
Clodius declared that what he did was by the authority of the 
triumviri, and the interposition of the senate and equites, who, 
to the number of 20,000, changed their habit on Cicero's ac- 
count, was rendered abortive by means of the consuls Piso, tlie 
father-in-law of Caesar, and Gabinius, the creature of Pompey.^" 
Cicero, therefore, after several mean compliances, putting on 
the habit of a criminal, and even throwing himself at the feet 
of Pompey, was at last obliged to leave the city, about the end 
of March, A. U. 695. He was prohibited from coming within 
468 miles of Rome, under pain of death to himself, and to any 



1 Caesari privilegium 


C'ic. see p. 160. 


6 collegia. 


9 I)io. xxxviii. 13. 17. 


eripiens vel benefi- 


4 Cic. ib. Pis. 5. Dio. 


7 Cic. Pis. 4. Suet. Jul. 


Pint. Cir. Alt. x. 4. 


Ciuin populi adimens. 


xxxviii. 13. 


42. 


10 Bio. xxxviii. 1 J. Cic. 


2 Suet. Jul. 28. Cic. 


5 see p. 75. Cic. Vat. 6, 


8 Veil. ii. ''.5. Cic. Don, . 


Q.lr. ii. 9. Sext. Il- 


Kam. xiii. 35. 


7. 9. Sext. 15.26. Prov. 


18—20. pjst icd. Sen. 


ls. 16—18. post red. 


a Cic. Sext. 25. Asc. 


Cons. 19. Asc. Pi . K 


^.5. &c. 


0„-:r. 3. 



o 3 



162 ROMAN ANTIQUITIES. 

person who entertained him.^ He, therefore, retired to Thes- 
salonica in Macedonia. His houses at Rome and in the country 
were burnt, and his furniture plundered. Cicero did not sup- 
port his exile with fortitude; but showed marks of dejection, 
and uttered expressions of grief unworthy of his former charac- 
ter.2 Hq ^yj^g restored with great honour, through the influence 
of Pompey, by a very unanimous decree of the senate, and by a 
law passed at the Comitia Centuriata, 4th August the next year.^ 
Had Cicero acted with as much dignity and independence, after 
he reached the summit of his ambition, as he did with industry 
and integrity in aspiring- to it, he needed not to have owed his 

safety to any one. 6. That the kingdom of Cyprus should 

be taken from Ptolemy, and reduced into the form of a pro- 
vince ; the reason of Avhich law was to punish that king- for 
having- refused Clodius money to pay his ransom, when taken 
by the pirates, and to remove Cato out of the way, by appoint- 
ing him to execute this order of the people, that he might not 
tliwart the unjust proceedings of the tribune, nor the views of 
the triumviri, by whom Clodius was supported.^ 7. To re- 
ward the consuls Piso and Gabinius, who had favoured Clodius 
in his measures, the province of Macedonia and Greece was, by 

the people, given to the former, and Syria to the latter.^ 8. 

Another law was made by Clodius to give relief to the private 
members of corporate towns,^ against the public injuries of their 

communities. '^ 9. Another to deprive the priest of Cybele, at 

Pessinus in Phrygia of his office.^ 

Lex ccELiA tabellaria perduellionis, by Ccelius a tribune.^ 
Leges cornelle, enacted by L. Cornelius Sylla, the dictator, 
A.U. 672. 1. Be proscriptione et proscriptis, against his ene- 
mies, and in favour of his friends. Sylla first introduced the 
method of proscription. Upon his return into the city, after 
having conquered the party of Marius, he wrote down the names 
of those whom he doomed to die, and ordered them to be fixed 
up on tables in the public places of the city, with the promise of 
a certain reward^" for the head of each person so proscribed. 
New lists ^^ were repeatedly exposed as new victims occurred to 
his memory, or Avere suggested to him. The first list contained 
the names of forty senators and 1600 equites. Incredible num- 
bers were massacred, not only at Rome, but through all Italy.^^ 
Whoever harboured or assisted a proscribed person was put to 
death. The goods of the proscribed were confiscated, and their 
children declared incapable of honours. ^^ Ihe lands and for- 

1 Dio. xxxvili. 14. 17. 3 Cic. Att. iv. 1. post 5 Cic. ib. 10. 2i. Pis. 16. lents. 

Cic. Att.iii. 4. X. 4. red. Ouir. 7. Sen. U. 6 itiunicipiorum. 11 tabuIaBproscri|)tioiiis. 

2 Cic. Plane. 41. Red. Mil. 20. Pis. 15. Dio. 7 Cic. Horn. 30. 12 App. Bell. Civ. 409. 
Sen. 7. 14. Dom. 21. xxxix. 8. 8 Cic. Sext 25. de resp. Dio. Frai;. 137. 

Att. iii. 7—11. 13. 15. 4 Cic. Dom. 8. 25. VelL Harusp. 13. 13 Cic. Ver. i. 47. Ros. 

i;). &c. Dio. xxxvili. )i.45. Sext.l8.28.Dio. 9 see p. 77. Am. 43, 41. RuU. in. 3. 

18. xxwiii. 30. xxxix, 23. 10 duo talenta, two ta- Pis. 2. Vel.Pat. ii. 2vi 



LAWS OF THE ROMANS. 163 

tunes of the slain were divided among the friends of Sylla, who 

Avere allowed to enjoy preferments before the legal time.^ 

Be MUNiciPiis, that the free towns which had sided with Marius, 
should be deprived of their lands, and the right of citizens ; the 
last of which Cicero says could not be done? 

Sylla being created dictator with extraordinary powers by 
L. Valerius Flaccus, the interrex, in an assembly of the peopla 
by centuries,^ and having there got ratified whatever he had 
done or should do, by a special la\v,^ next proceeded to regulatg 
the state, and for that purpose made many good laws. 

2. Concerning- the republic, the magistrates, the provinces, 
the power of the tribunes.^ That the judices should be chosen 
only from among the senators : that the priests should be elect- 
ed by their respective colleges.^ 

3. Concerning various crimes ; — de majestate,^ de repetundis,^ 
de siCARiis et veneficis, those who killed a person with Aveapons 
or poison ; also, Avho took away the life of another by false ac- 
cusation, &c. — One accused by this law, Avas asked Avhether he 
chose sentence to be passed on him by voice or by ballot ?^ de in- 
cendiariis, Avho fired houses ; de parricidis, avIio killed a parent 
or relation ; de falso, against those Avho forged testaments or 
any other deed, Avho debased or counterfeited the public coin.^" 
Hence this laAV is called by Cicero, cornelia testamentaria, 

NUMMARIA.^^ 

The punishment annexed to these laws w^as generally aqucs et 
ignis interdictio, banislimcnt. 

Sylla also made a sumptuary laAV, limiting the expense of 
entertainments.^^ 

There Avere other leges cornelia, proposed by Cornelius the 
tribune, A. U. 686, that the praetors in judging should not vary 
from their edicts.^"^ That the senate should not decree about 
absolving any one from the obligation of the laAVS Avithout a 
quorum of at least two hundred.^* 

Lex CURIA, by Curius Dentatus Avhen tribune, A. U. 454, 
that the senate should authorize the Comitia for electing ple- 
beian magistrates.^^ 

Leges cuRiAT.E, made by the people assembled by curidB.^^ 

Lex DECiA, A. U. 443, that duumviri navales should be 
created for equipping and refitting a fleet.^^ 

Lex DiDiA sumptuaria, A. U. 610, limiting the expense of 
entertainments, and the number of guests ; that the sumptuary 



1 Sail. Cat. 51. Cic. Ac. 


Cornelia, Cic. Rose. 


9 palam an clam ? Cic. 


Sat. ii. 


13. 


>l. ]. 


Am.43.Cic.RuLiii.2. 


Clu. 20. 


13 see p 


.101,102. 


2 quia jure Romano ci- 


5 seep. 83,89.116.135. 


10 qui in aurum vitii 


14 Asc. 


Cic. Corn. 


vitas nemini invito 


6 Asc. Cic. Div.Ver 3. 


quill addiderint vel 


15 Aur. 


Vict. 37. Cic. 


adimi poterat, Dom. 


7 Cic. Pis. 12. Clu. 35. 


adulterines nummos 


Or. 14. 




30. Cffic. 33. 


Fam.iii. 11. see p. 135. 


fecerint, &c. 


16 see p. 


,65. 


3 App. Bell. Civ. i. 411. 


8 concerning extortion, 


11 A'err.i.42. 


17 Liv! 


ix. 30. 


4 kive Valeria, sive 


Cic.Ritb.3, seej'. I'JJ. 


12 Gell. ii. Zi. Mcicrob. 







164 



ROMAN ANTIQUITIES. 



laws should be extended to all the Italians ; and not only the 
master of the feast, but also the guests, should incur a penalty 
for their offence.^ 

Lex DOMiTiA de sacerdotiis, the author Cn. Domitius Aheno- 
barbus, a tribune, A. U. 650, that priests (i. e. the pontifices, 
augures, and decemviri sacris faciendis,) should not be chosen 
by the colleges, as formerly, but by the people.^ The pontifex 
maximus and curio maximus were, in tiie lirst ages of the re- 
public, always chosen by the people.^ 

Lex DuiLiA, by Duilius a tribune, A. U. 304, that whoever 
left the people without tribunes, or created a magistrate from 
whom there was no appeal, should be scourged and beheaded.* 

Lex DuiLiA M-ENiA fife unciario fxnore, A. U. 396, fixing the 
interest of money at one per cent. — — iVnotlier, making it 
capital for one to call assemblies of the people at a distance 
from the city.^ 

Lex FABiA de plagio vel plagiarlis, against kidnapping or 
stealing away and retaining freemen or slaves.^ The punish- 
ment at lirst was a fine, but afterwards to be sent to the mines ; 
and for buying or selling- a freeborn citizen, death. 

Literary thieves, or those who stole the works of others, were 

also called plagiarii.^ Another, limiting the number of 

sectalores that attended candidates, when canvassing for any 
office. It was proposed, but did not pass.^ 

The sECTATOREs, who always attended candidates, were dis- 
tinguished from the salutatores, who only waited on them at 
their houses in the morning, and then Avent away ; and from 
the dedugtores, who also went down with them to the forum 
and Campus Martins ; hence called by Martial, antambulones.^ 

Lex FALCiDiA testament aria, A. \J. 713, that the testator 
should leave at least the fourth part of his fortune to the per- 
son whom he named his heir.^^ 

Lex fannia, A. U. 588, limiting the expenses of one day at 
festivals to 100 asses, whence the law is called by Lucilius, 
csNTUssis ; on ten other days every month, to thirty ; and on 
all other days, to ten asses : also, that no other fowl should be 
served up,^^ except one hen, and that not fattened for the 
purpose.*- 

Lex FLAMiNiA, A. U. 521, about dividing among the soldiers 
the lands of Picenum, whence the Galli Senones had been ex- 
pelled ; which afterwards gave occasion to various wars.*'^ 

Lex FLAviA agraria, the author L. Flavins a tribune, A. U. 
695, for the distribution of lands among Ponipey's soldiers; 

1 M;icrob. Sat. ii. 13. 6 Cic. Rab. perd. 3. 10 Paul. Leg.Falc.Dio. Sat. iu 13. quod deinde 

SJ see p. 83. Suet. Ner. Ouin. Fr. i.2. xlviii. 33. caput translatum, per 

2. Cic. RuU. ii. 7. 7~Mart. i. 53. 11 ne quid volucrium omnes leges ambulavit, 

.3 Ww. XXV. 5. xxvii. S. 8 Cic. Mur. 34. vel volucre poneretur. Plin. x. 50. s. 71. 

4 Liv. iii. 53. 9 ii. 18. Cir. i et. cons. 13 quas non altiJisesset, 13 Polyb. ii. 21. Cic 

» Liv. vii. 16. seep./-. Gel. ii. 21, Macro).', Sen. 4. 



LAWS OF THE ROMANS. 165 

>vhicli excited so great commotions, that the tribune, supported 
by Pompey, had the hardiness to commit the consul Metellus to 
prison for opposing- it.^ 

Leges FRUMENxARiiE, laws for the distribution of corn among 
tlie people, first at a low price, and then gratis ; the chief of 
which were the Sempronian, Appuleian, Cassian, Clodian, and 
Octavian laws. 

Lex FUFiA, A. U. 692, that Clodius should be tried for 
violating the sacred rites of the Bona Dea, by the praBtor with a 
select bench of judges; and not before the people, according to 
the decree of the senate. Thus by bribery he procured his 
acquittal.^ 

Lex FuLviA, A. U. 628, about giving the freedom of the city 
to the Italian allies; but it did not pass.^ 

Lex FURiA, by Camillus the dictator, A. U. 385, about the 
creation of the curule fediles.* 

Lex FURIA, vel Fusia (for both are the same name),^ de testa- 
mentis, that no one should leave by Avay of legacy more than 
1000 asses, and that he who took more should pay fourfold.''" 
By the law of the Twelve Tables, one might leave what legacies 
he pleased. 

Lex FURIA ATiLiA, A. U. 617, about giving up Mancinus to the 
Nuniantines, Avith whom he had made peace without the order 
of the people or senate.'' 

Lex FUSIA de comitiis, A. U. 691, by a prastor, that in the 
Comitia Tributa, the different kinds of people in each tribe 
should vote separately, and thus the sentiments of every rank 
might be known.^ 

Lex FUSIA vel Furia caninia, A. U. 751, limiting the number 
of slaves to be manumitted, in proporlion to the A\hole number 
which any one possessed ; from two to ten the half, from ten to 
thirty the third, from thirty to a hundred the fourth part ; but 
not above a hundred, whatever Avas the number.^ 

Leges gabini^e, by A. Gabinius, a tribune, A. TJ. 685, that 
Pompey should get the command of the Avar against the pirates, 
with extraordinary powers.^*^ That the senate should attend to 
the hearing of embassies the Avhole month of February .^^ That 
the people should give their votes by ballots, and not viva voce 
as formerly, in creating magistrates.^^ That the people of the 
provinces should not be allowed to borrow money at Kome from 
one person to pay another. ^-^ 

There is another Gabinian laAv, mentioned by Porcius Latro ^^ 
in his declamation against Catiline, Avhich made it capital to 

1 Dion Cass- xxxvii. 50. 4 Lir. vi. 42. 8 DIo. xxxvili. 8. 11 Cic. Gum. Fr. ii.l3. 
Cic. Att. i. 18,19. ii. I. 5 Liv. iii. 4. Quinct. i. 9 \'op. Tac. 11. Paul. 12 see p776, 77. 

2 Cio. A t. i. 13, 14. 16. 4. 13. Sent. iv. 15. see p. 34. 13 versuram facere,Cie. 
Dio. xxxvii 4fi. 6 Cic. Verr. i. 42. Balb. 10 cum imperio extraor- Att. v. 21. vi. 2. 

3 App. Bell.Civ.i. 371. 8. Ihei. Inst. il. 22. dinario,Cic. Leg. Man. 14 c. 19, 
Val. Max, ix. 5. 7 Cic. Off. iii. 30. 17. Dio. xxxvi. 7. 



166 ROMAN ANTIQUITIES. 

hold clandestine assemblies in the city. But this author is 
thought to be supposititious.^ 

It is certain, however, that the Romans were always careful 
to prevent the meetings of any large bodies of men,^ which they 
thought might be converted to the purposes of sedition. On 
this account, Pliny informs Trajan, that according to his direc- 
tions he had prohibited the assemblies of Christians.^ 

Lex GELLiA CORNELIA, A. U. 68], Confirming the right of citi- 
zens to those to Avhom Pompey, with the advice of his council,^ 
had granted it. 

Lex GENuciA, A. U. 411, that both consuls might be chosen 
from the plebeians. That usury should be prohibited. That no 
one should enjoy the same office within ten years, nor be in- 
vested with two offices in one year.^ 

Lex GENUCIA EMILIA, A, U. 390, about fixing a nail in the 
right side of the temple of Jupiter.^ 

Lex GLAuciA, A. U. 653, granting the right of judging to the 
equites, de repetiindisJ 

Lex GLiciA, de inofficioso testamento? 

Lex HiERONiCA, vel frumentaria^ containing the conditions on 
which the public lands of the Roman people in Sicily were pos- 
sessed by the husbandmen. It had been prescribed by Hiero, 
tyrant of Syracuse, to his tenants,^'' and Avas retained by the 
praetor Rupilius, with the advice of his council, among the laws 
which he gave to the Sicilians, when that country was reduced 
into the form of a province.^^ It resembled the regulations of 
the censors/- in their leases and bargains,^"* and settled the 
manner of collecting and ascertaining the quantity of the tithes. ^^ 

Lex HiRTiA, A. U. 704, that the adherents of Pompey ^^ should 
be excluded from preferments. 

Lex HORATiA, about rewarding Caia Terratia, a vestal virgin, 
because she had given in a present to the Roman people the 
Campus Tiburtinus, or Martius. That she should be admitted 
to give evidence,''' be discharged from her priesthood,'^ and 
might marry if she chose.'^ 

Lex HORTENsiA, that the nunditKB, or market-days, which 
used to be held as ferids or holydays, should be fasti or court- 
days : that the country people who came to town for market 
might then get their lawsuits determined.''^ 

Lex HORTENSIA, de plebiscitis.-^ 

Lex HOSTiLiA, de furtis, about theft, is mentioned only by 
Justinian .^^ 

1 see Cort. Sail. 6 Liv. vii. 3. 11 Clc. Verr. iii. 8. 10. 16 testabilis esset. 

2 heteriae. 7 see lex Servilia, Cic. 12 leges censoriac. 17 exaugurari posset. 

3 Plin. Ep. X. 43. 76. Or. 62. 13 in locationibus et 18 Gell. vi. 7. 

91.97. Ssi-ep. 51. pactionibus. 19 lites compnnercnt, 

4 de consilii sententia, 9 Cic. Verr. ii. 13. II Cic. Verr. v. 2^. Macrob. Sat. i. 16. 
Cic. Balb8. 14. 10 iis qui agros regis 15 Pompeiani.Cic. Phil. 20 see p. 16, 83, 149. 

' Liiv. vii. 42. colerent. xiii, lb, 21 Inst. iv. 10. 



LAWS OF THE ROMANS. 1 1)7 

Lex iciLiA, de tribunis, A. U. 26], that no one should con- 
tradict or interrupt a tribune ^ while speaking- to the people.^ 

Another, A. U. 297, de Aventino publicando, that the 

Aventine hill should be common for the people to build upon.^ 
It was a condition in the creation of the decemviri, that this law, 
and tliose relating- to the tribunes,* should not be abrogated. 

Lex JULIA, de civitate sociis et Latinis danda ; the author L, 
Julius CsBsar, A. U. 663, that the freedom of the city should be 
given to the Latins and all the Italian allies who chose to accept 

Leges juli.e, laws made by Julius Caesar and Augustus. 
1. By C. Julius Ccesar, in his first consulship, A. U. 694, and 
afterwards when dictator : 

Lex JULIA AGRARiA, for distributing the lands of Campania 
and Stella to 20,000 poor citizens, Avho had each three children 
or more.^ 

When Bibulus, Caesar's colleague in the consulate, gave liis 
negative to this law, he was driven from the forum by force. 
And next day, having complained in the senate, but not being 
supported, he was so discouraged, that during- his continuance 
in office for eight months, he shut himself up at home, without 
doing- any thing but interposing by his edicts,^ by which means, 
while he wished to raise odium against his colleague, he in- 
creased his power.^ Metellus Celer, Cato, and his great ad- 
mirer^ M. Pavonius, at first refused to swear to this laAv ; but, 
constrained by the severity of the punishment annexed to it, 
which Appian says was capital, they at last complied.^" This 
custom of obliging all citizens, particularly senators, Avithin a 
limited time, to signify their approbation of a law by swearing 
to support it, at first introduced in the time of Mai'ius, was now 
observed with respect to every ordinance of the people, however 
violent and absurd.^^ 

de PUBLicANis tertia parte pecunice debitce relevandis^ 

about remitting to the farmers-general a third part of what they 
had stipulated to pay.^^ When Cato opposed this law Avith his 
usual firmness, Cassar ordered him to be hurried away to prison : 
but fearing lest such violence should raise odium against him, 
he desired one of the tribunes to interpose and free him.^^ 

Dio says that this happened wiien Cato opposed the former 
law in the senate.^* When many of the senators followed Cato, 
one of them, named M. Petreius, being reproved by Caesar for 



1 interfari tribiim. 


57. 


Suet. Jul. 21.1. Dio. 


Dio. xxxviii. 7. Cic 


2 Diimy. vii. 17. 


6 Cic. Plane 5. Att. ii. 


xxxviii 6. 


JSext 28. 


3 Id. X. 32. Liv. iii. 31. 


16. 18, 19. Veil. ii. 44. 


8 Veil. ii. 44, 


U Suet. ib. Cic. Plane. 


4 leces sacratat, Liv. 


Dio. xxxviii. i. 7. 


9 asmuljitor. 


14 Dio. ib Afp. Bell. 


iii. 31. 


7 lit, quoad potestate 


in Beil. Civ. ii. 434. 


Civ. ii. 435. see p. 19. 


5 qui ei Ifigi fundi fieri 


abiret, domn abijitus 


Dio. xxxviii. 7. Plut. 


13 Plut. Cxs. 


vellent. Cic. Balu. 8. 


ni.il aliud quam per 


Cato i\linor. 


14 xxxviii. 3, Suet. 


G?ll. iv. 4. sea p. SS, 


edicta obnuntiaret, 


11 see leges Appuleiaj, 


C;cs. 20 Cell. iv. lU- 



1G8 ROMAN ANTIQUITIES. 

going away before the house was dismissed, replied, " I had 
rather be with Cato in prison, than here Avith Ctesar." ^ 

■ For the ratification of all Porapey's acts in Asia. This 

law Avas chiefly opposed by Lucullus; but Caesar so frightened 
him with threatening to bring him to an account for his conduct 
in Asia, that he promised compliance on his knees.^ 

de PRoviNCiis ORDiNANDis; an improvement on the 

Cornelian law about the provinces; ordaining that those who 
had been praetors should not command a province above one 
year, and those who had been consuls, not above two years. 
Also ordaining that Achaia, Thessaly, Athens, and all Greece 
should be free and use their own laws,^ 

de SAGERDOTiis, restoring the Domitian law, and per- 
mitting persons to be elected priests in their absence,'* 

JUDiciARiA, ordering- the judices to be chosen only 

from the senators and equites, and not from the trihuni ^rariiJ' 

de REPETUNDis, vcry severe ^ against extortion. It is 

said to have contained above 100 heads.^ 

de LEGATioNiBus LiBERis, limiting their duration to five 

years.^ They were called lihercE^ because those who enjoyed 
them were at liberty to enter and leave Kome when they pleased. 

de VI PUBLICA ET PRIVATA, ET DE MAJESTATE.^" 

de PECUNiis MUTuis, about borrowed money.^^ 

de MODO PECUNi.E possiDEND.'ii, that no one should keep 

by him in specie above a certain sum.^^ 

. About the population of Italy, that no Roman citizen 

should remain abroad above three years, unless in the army, or 
on public business; that at least a third of those employed in 
pasturage should be freeborn citizens ; also about increasing the 
punishment of crimes, dissolving all corporations or societies, 
except the ancient ones, granting the freedom of the city to 
physicians, and pi'ofessors of the liberal arts, &c. 

de REsiDuis, about bringing those to account who retained 

any part of the public money in their hands. ^-^ 

. de LiBERis PROscRiPTORUM, that the children of those 

proscribed by Sylla should be admitted to enjoy preferments, 
which Cicero, when consul, had opposed.^* 

suMPTUARiA.*^ It allowed 200 hs. on the dies profesti ; 

300 on the calends, nones, ides, and some other festivals ; 1000 
at mai'riage-feasts,^^ and such extraordinary entertainments. 
Gellius ascribes this law to Augustus, but it seems to have been 

Iseep. ]1. 7 Cic. Fam, viii. 7. Pis. troire, exire licebat, ib. 13 Suet. 42. Marc. 1. 4, 

2 Suet. ib. 16. 21. b7. Sext. (i4. 10 Cic. Pliil. i. 8, 9. s. 3. Lug. Jul. 

3 Cic. Phil. 1. a Pis. Rab. Posth. 4- Viit. 12. 11 see p. 40. D.o. xli. 14 Suet Jul. 41. Cic. 
16. Dio. xliii. 2J. Att. v. 10. 16. Suet. 37. xliii. 51. C.cs. Bel. Pis. 2. 

4Gic. Brut. 5. Jul. 43. Civ. iii. 1. 20. 42. 15 Suet. Jul. 42. Cic. 

5 Suet. Jul. 41. Cic. 8 si=e p. IV.Gic. Att. xv. 12 sixty s.-stsr(ia, Dio. Att. xiii. 7- Fain. vii. 
Phil. i. 9. 11. xli. 33. Tac. Ann. vi. 26. ix. 15. 

6 accirima. 9 quod, cum velis, in- 16. 16 nuptiis et repotiis. 



LAWS OF THE ROMANS. 169 

enacted by both. By an edict of Augustus or Tiberius, the al- 
lowance for an entertainment was raised, in proportion to its 
solemnity, from 300 to 2000 hs.^ 

. de veneficiis, about poisoning.^ 

2. The Leges julle made by Augustus were chiefly : 

Concerning- marriage ; ^ hence called by Horace lex ma- 

RITA.* 

de ADULTERiis, ct de pudicitia, de amhitu^ against fore- 
stalling the market.^ 

. de TUTORiBus, that guardians should be appointed for 

orphans in the provinces, as at Eome, by the Atilian' law.*^ 

Lex JULIA THEATRALis, that tliosc cquitcs who themselves, 
their fathers, or grandfathers, had the fortune of an eques, 
should sit in the fourteen rows assigned by the Roscian law to 
that order.^ 

There are several other laws called leges JulicB, which occur 
only in the Corpus Juris. 

Julius Cffisar proposed revising all the laws, and reducing 
them to a certain form. But this, Avith many other noble de- 
signs of that w onderful man, Avas prevented by his death.^ 

Lex JUNiA, by M. Junius Pennus, a tribune, A. U. 627, about 
expelling foreigners from the city.'^ Against extortion, ordain- 
ing that, besides the litis cestimatio, or paying an estimate of 
the damages, the person convicted of this crime should suffer 
banishment. ^° 

Another, by M. Junius Silanus the consul, A. U. 644, 

about diminishing the number of campaigns which soldiers 
should serve.^^ 

Lex JUNIA LiciNiA, or Junia et Licinia, A. U. 691, enforcing 
the Didian law by severer penalties.^^ 

Lex JUNIA NORBANA, A. U. 771, concerning the manumission 
of slaves.^^ 

Lex LABiENA, A. U. 691, abrogating the law of Sylla, and 
restoring the Domitian law in the election of priests ; which 
paved the way for Caesar's being created pontifex maximus. 
By this law, two of the college named the candidates, and the 
people chose which of them they pleased.^^ 

Lex AMPLA LABIENA, by two tribunes, A. U. 663, that at the 
Circensian games Pompey should wear a golden crown, and his 
triumphal robes; and in the theatre, the prastexta and a golden 
crown ; which mark of distinction he used only once.^^ 

Lex L.ETORiA, A. U. 292, that the plebeian magistrates should 

1 G^n. ii.24.t)io. llv. 2. nam fecerit, societa- xxxiii. 2. s. S. 64. Vat. 14. Att. ji. 9. 

2 Suet. Ner. 33. temve C"ierit, quo an- 8 Suet. Jul. 44. iv. 16. 

3 de maritantlis ordini- nona carior fiat, Ulp. see p. 64. 13 see p. 34, 35. 

bus, Suet. Aug. 34. Plin. Ep. vi. bl. Suet. 10 Paterc ii. 8, Cic. 14 Dio. xxxvii. 37. Cic, 

4 Hor. car. sec. v. 68. 34. Balb. 11- Phil. ii.2. 

Liv. Epit. 59.Suet.8y. 6 Just. Inst. Atil. Tut. H Asc. CIr. Corn. 15 Paterc. ii. 40. 

5 iiequls contra anno. 7 Suet. Au?. 40. Plin. 12 Cic. Pliil. v. 3. .Sext. 



170 



ROMAN ANTIOUITIES. 



be created at the Comitia Tributa.^ Another, A. U. 490, 

against the defrauding of minors.^ By this law the years of 
njinority were limited to twenty-five, and no one below that 
age could make a legal bargain,^ whence it is called lex quina 

VICENNARIA.* 

Leges LiciNi.ai, by P. Licinius Yarus, city prjetor, A. U. 545, 
fixing the day for the ludi Apollinares, which before was un- 
certain.^ 

by C. Licinius Crassus, a tribune, A. U. 608, that the 

choice of priests should be transferred from their college to the 
people ; but it did not pass.*^ 

This Licinius Crassus, according to Cicero, first introduced 
the custom of turning his face to the forum when he spoke to 
the people, and not to the senate, as formerly.^ But Plutarch 
says this was first done by Caius (Jracchus.^ 

by C. Licinius ."^tolo, A. U. 377, that no one should 

possess above 500 acres of land, nor keep more than 100 head 
of great, or 500 head of small cattle. But Licinius himself was 
soon after punished for violating his own law.^ 

by Crassus the orator, similar to the j^'butian law.^" 

Lex LiGiNiA, de sodalitiis et de amhitu, A. U. 698, against 
bribery, and assembling societies or companies for the purpose 
of canvassing for an oflice.^^ In a trial for this crime, and for 
it only, the accuser was allowed to name ^^ the jurymen ^^ from 
the people in general.^* 

Lex LIGINIA sumptuaria, by the consuls P. Licinius Crassus 
the Rich, and Cn. Lentulus, A. U. 656, much the same with the 
Fannian law ; that on ordinary days there should not be more 
served up at table than three pounds of fresh, and one pound of 
salt meat; ^^ but as much of the fruits of the ground as every 
one pleased.^^ 

Lex LiciNiA CASSIA, A. U. 422, that the legionary tribunes 
should not be chosen that year by the people, but by the con- 
suls and prffitors.^' 

Lex LICINIA SEXTIA, A. U. 377, about debt, that what had 
been paid for the interest ^^ should be deducted from the capital, 
and the remainder paid in three years by equal portions. That 
instead of duumviri for performing sacred rites, decemviri 
should be chosen ; part from the patricians, and part from the 
plebeians. That one of the consuls should be created from 
among the plebeians.^^ 

Lex LIGINIA juNiA, or Junia et Licinia, by the two consuls, 



1 Liv. ii. 56, 57. 

2 contra adolescer.tium 
circiimscnptionem, Cic 
OfF.iii. J5. 

8 stipulari, Plaut. Rud. 

V. 3. 25. 
4 Pi-iut. Pseud, i. 3. fi8. 



5 Liv. xxvii. 23. 

6 Cic. Am. 25. 

7 prinium instituit in 
foiiim versus agere 12 eder 

populo, ibid. \i judices 



vi. 35. vii. 16. 

10 Cic. Dom. iO. 

11 Cic. Plane. 15, 16. 



8 Flut. Hrac. 

9 Apj.. Kcll.Civ. 



1 \ ex oiniii populn ib.l7. 
~5 salsanieiiloium. 



16 Macrob. ii. 13. Gcll. 
ii. 2i. 

17 Liv. xlii. 31. 

18 quod usuiis pernn. 
meratum csset. 

19 Liv. vi. 11. 35. sea 
p. 97, 9.). 



LAAVS OK THE ROMANS. 171 

A. U. 691, enforcing the Lex C/Bcilia Didia; whence both 
laws are often joined.^ 

Lex LiciNiA MuciA, A. U. 6 53, that no one should pass for a 
citizen who was not so ; which was one principal cause of the 
Italic or Marsic wars.^ 

Leges Livi-ai, proposed by M. Livius Drusus, a tribune, A. U. 
662, about transplanting colonies to different places in Italy and 
Sicily, and granting corn to poor citizens at a low price ; also 
that the judices should be chosen indifferently from the senators 
and equites, and that the allied states of Italy should be admitted 
to the freedom of tlie city. 

Drusus was a man of great eloquence, and of the most up- 
I'ight intentions ; but endeavouring to reconcile those whose in- 
terests were diametrically opposite, lie was crushed in the 
attempt ; being murdered by an unknown assassin at his own 
house, upon his return from the forum, amidst a number of 
clients and friends. No inquiry was made about his death. 
The states of Italy considered this event as a signal of revolt, 
and endeavoured to extort by force what they could not obtain 
voluntarily. Above 300,000 men feU in the contest in the 
space of two years. At last the Romans, although upon the 
whole they had the advantage, were obliged to grant the free- 
dom of the city, first to their allies, and afterwards to all the 
states of Italy. ^ 

This Drusus is also said to have got a law passed for mixing 
an eighth part of brass with silver.'^ 

But the laws of Drusus,^ as Cicero says, were soon abolished 
by a short decree of the senate.^ 

Drusus was grandfather to Livia, the wife of Augustus, and 
mother of Tiberius. 

Lex LUTATiA, de vi, by Q. Lutatius Catulus, A. U. 675, that 
a person might be tried for violence on any day, festivals not 
excepted, on which no trials used to be held.^ 

Lex MENiA, by a tribune, A. U. 467, that the senate should 
ratify whatever the people enacted.^ 

Lex MAJESTATis, for punishing any crime against the people, 
and afterwards against the emperor, Cornelia, &c.^ 

jusx MAMiLiA, de limitibus vel de recjundis fiuibus agrorum, for 
regulating the bounds of farms; whence the author of it, C. 
Mamilius, a tribune, A. U. 642, got the surname of limitanus. 
It ordained, that there should be an uncultivated space of tiv^) 

1 Cic. Vat. 4. Phil. T. Epit. 71. Cic. Briit,29. 6. dfcievit enim sena- auspiciously. 

i. Sext, 61. Att. ii. 9. 49. 62. Rah. 7. Plane, tus, Philii po cos. refe- 7 Cic. Cffil. i. 23 Aci 

iv. 16. 14. Dom. 19. cente, contra anspicia, Verr. 111. 

2 Cic Off. iii. 11. 4 Plin.xxxiii.3;;. laUs videri,— For the 8 Cic. Brut. 14. see j- 
Balb, 21. S24. Asc. Cic. 5 leges Livis. sennte decreed, on the 16. 

Corn, 6 uiio versiculo senatiis motion of Philippus 9 Cic. Pis. 21. Ti.c. .in, 

i App. Bell. Civ. i. 373, pnncto temporis subla- the consul, that they iv. 31. 
\ f.. Pat. ii. 15, Liv. tae sunt, Cic. Lcgg. ii. had been passed iu- 

p 2 



172 ROMAN ANTIQUITIES. 

feet broad left between farms ; and if any dispute happened 
about this matter, that arbiters should be appointed by the 
praetor to determine it. The law of the Twelve Tables re- 
quired three.^ Anothei-, by the same person, for punishing 

those who had received bribes from Jugurtha.^ 

Lex MANiLiA, for conferring- on Pompey the command of the 
war against Mithridates, proposed by the tribune C. Manilius, 
A. U. 687, and supported by Cicero when prastor, and by Caesar, 
from different views; but neither of them was actuated by 

laudable motives.^ Another, by the same, that freedmen 

might vote in all the tribes, whereas formerly they voted in 
3ome one of the four city tribes only. But this law did not pass.* 

Leges manilian-e venalium vendendorum, not properly Jaws, 
but regulations to be observed in buying and selling, to prevent 
fraud, called by Varro, actiones.^ They Avere composed by the 
lawyer Manilius, Avho was consul, A. U. 603. 

The formalities of buying and selling were by the Romans 
used in their most solemn transactions ; as, in emancipation and 
adoption, marriage and testaments, in transferring property, &c. 

Lex MANLiA, by a tribune, A. U. 558, about creating the Tri- 
umviri Epulones.^ 

. de viCEsiMA, by a consul, A. U. 396.' 

Lex MARCiA, by Marcius Censorinus, that no one should be 
made a censor a second time.^ 

de Statiellatibus vel Statiellis^ that the senate upon oath 

should appoint a person to inquire into, and redress the injuries 
of the Statielli, or -cites, a nation of Liguria.'' 

Lex MARIA, by C. Marius, when tribune, A. U. 634, about 
making the entrances to the Ovilia^" narrower. 

Lex MARIA PORCIA, by two tribunes, A. U. 691, that those 
commanders should be punished, who, in order to obtain a 
triumph, Avrote to the senate a false account of the number of 
the enemy slain in battle, or of the citizens that were missing ; 
and that when they returned to the city, they should swear be- 
fore the city quaestors to the truth of the account which they had 
sent.^^ 

Lex MEMMiA vel REMMiA : by whom it Avas proposed, or in Avhat 
year, is uncertain. It ordained, that an accusation should not 
be admitted against those Avho were absent on account of the 
public. ^^ And if any one Avas convicted of false accusation,^^ that 
he should be branded on the forehead Avith a letter,^* probably 
Avith the letter k, as anciently the name of this crime Avas Avritten 

KALUMNIA. 

1 Cic. Legg. i. 21. Corn. Mur. 23. 7 Liv, vii. 16. see p. 55, 11 A''al. Max. ii. 8. 1. 

2 Sail. Jug. 40. 5 Cic. Or. i. 5. 58. Var. 8 Plut. Cor. la Val, Max. iii. 7. 9. 

3 Cic. Legg. Man. Dio. Rust. ii. 5. 11. 9 Liv. xlii. 21. Suet.Jul.23. 
xxxvi. 26. 6 Liv. xxxiii. 42. Cic. 10 pontes, Cic. Leg. iii. 13 calumniae. 

4 see p. 83. Asc. Cic. Or. iii. 19. 17. 14 Cic. Ros. Am. 19, 20. 



LAAVS OF THE ROMANS. 



173 



Lex MENENiA, A. U. 302, that, in imposing- fines, a sheep 
should be estimated at ten asses, and an ox at one hundred.^ 

Lex MENsiA, that a child should be held as a foreigner, if 
either of the parents was so. But if both parents were Romans 
and married, children always obtained the rank of the father,^ 
and if unmarried, of the mother. 

Lex METiLiA, by a tribune, A. U. 516, that Minucius, master 
of horse, should have equal command with Fabius the dictator.*^ 

Another, as it is thought by a tribune, A. U. 535, giving 

directions to fullers of cloth ; proposed to the people at the de- 
sire of the censors.* 4 Another, by Bletellus Nepos a prae- 
tor, A. U. 694, about freeing Rome and Italy from taxes,^ pro- 
bably those paid for goods imported.'' 

Leges militares, regulations for the army. By one of these 
it was provided, that if a soldier was by chance enlisted into a 
legion, commanded by a ti'ibune Avhom he could prove to be 
inimical to him, he might go from that legion to another.'' 

Lex MiNuciA de triumviris mensariis, by a tribune, A. U, 537, 
about appointing bankers to receive the public money.® 

Leges num.e, laws of king Numa, mentioned by different 
authors : — that the gods should be worshipped with corn and a 
salted cake : ^ that whoever knowingly killed a free man should 
be held as a parricide : ^^ that no harlot should touch the altar 
of Juno ; and if she did, that she should sacrifice an ewe lamb 
to that goddess with dishevelled hair : ^^ that whoever removed 
a landmark should be put to death : ^^ that wine should not be 
poured on a funeral pile.^^ 

Lex octxvix frumentaria, by a tribune, A. U. 633, abrogating 
the Sempronian law, and ordaining, as it is thought, that corn 
should not be given at so low a price to the people. It is greatly 
commended by Cicero.^* 

Lex OGULNiA, by two tribunes, A. U. 453, that the number of 
the pontifices should be increased to eight, and of the augurs to 
nine ; and that four of the former, and five of the latter, should 
be chosen from among the plebeians.^^ 

Lex oppiA, by a tribune, A. U. 540, that no woman should 
have in her dress above half an ounce of gold, nor wear a gar- 
ment of different colours, nor ride in a carriage in the city or 
in any town, or within a mile of it, unless upon occasion of a 
public sacrifice.*^ 

Lex OPTIMA, a law was so called which conferred the most 

1 Kestus in Peculatiis. s. 57. Plin. xvili. 2. in Teimino. 

2 patrein sequuntur li- 5 rsXr,, vectigalia, Dio. lO Festus in Quaestores 13 Plin. xiv. 12. &c. 
beri, Liv. iv. 4. Ulp. xxxvii. 51. parricidii. 1+ Cic. Brut. ()2. Oflf. ii. 

3 Liv. xxii. 25, 26. 6 portoriuin, Cx. Att. 11 Id. in Pellices, Gell. 2). 

4 quam C. Flaminius, ii. 16. ir. o. 15 Liv. x. 6. 9. 

L. /limiiius censores 7 Cic. Flac. 32. Yl qni terminum cxa- 16 Liv. xxxiv. I. Tac. 

rtedere ad populum fe- 8 Liv. xxxiii. <i]. rasset, et ipsum et Ami. iii. 33. 

Tcndim, PliD. xnxv. 17. 9 frnge et suKa mo!'. >>ovess!icrosesse, Fesl. 



3 



174 ROMAN ANTIQUITIES. 

complete authority,^ as that was called optimum jus which be- 
stowed complete property. 

Lex ORCHiA, by a tribune, A. U. 56G, limiting- the number of 
guests at an entertainment.^ 

Lex OVINIA, that the censors should choose the most worthy 
of all ranks into the senate.^ Those who had borne offices were 
commonly first chosen ; and that all these might be admitted, 
sometimes more than the limited number were elected.* 

Lex pAPiA, by a tribune, A. U. 688, that foreigners should be 
expelled from Rome, and the allies of the Latin name forced to 
return to their cities.^ 

Lex PAPIA POPPiEA, about the manner of choosing ^ vestal vir- 
gins. The author of it, and the time when it passed, are un- 
certain. 

Lex PAPIA POPP^A de maritandis ordinibus, proposed by the 
consuls Papius and Poppaeus at the desire of Augustus, A. U. 
762, enforcing and enlarging the Julian law.^ The end of it 
was to promote population, and repair the desolation occasioned 
by the civil wars. It met with great opposition from the nobi- 
lity, and consisted of several distinct particulars.^ It proposed 
certain rewards to marriage, and penalties against celibacy, 
which had always been much discouraged in the Roman state, 
and yet greatly prevailed, for reasons enumerated.^ Whoever 
in the city had three children, in the other parts of Italy four, 
and in the provinces five, was entitled to certain privileges and 
immunities. Hence the famous jus trium liberorum, so often 
mentioned by Pliny, Martial, &c., which used to be granted also 
to those who had no children, first by the senate, and afterwards 
by the emperor, not only to men, but likewise to women.^'' The 
privileges of having thi-ee children were, an exemption from the 
trouble of guardianship, a priority in bearing offices,^^ and a 
treble proportion of corn. Those who lived in celibacy could 
not succeed to an inheritance, except of their nearest relations, 
unless they married within 100 days after the death of the testa- 
tor ; nor receive an entire legacy.^^ And what they were thus 
deprived of in certain cases fell as an escheat ^"^ to the exche- 
quer ^* or prince's private purse. 

Lex PAPiRiA, by a tribune, A. U. 563, diminishing the weight 
of the as one half.^^ 

by a praetor, A. U. 421, granting the freedom of tlie 

«uty, without the right of voting, to the people of Acerra.^'' 

1 Fest. in vore. Dio. xxxv'ii. 9. nin. xiv. Prooem. Sen. 12 legatum omne vel 

2 Fest. in Op^onitavere, 6 capieiidi, Gell. i. 12. cons. Marc. 19. Plant, soliiiuin cnpere. 
Macrob. Sat. ii. 13. 7 'fac. Ann. iii. 25. :id. 

3 Fest- in Praeteriti se- 8 Lex Satura. 
natorjs. 9 Val. Max. ii. 9. Liv. 

4 Dio. xxxvii. 46. xlv. 15. Kpit. 59. Suet. 

5 Tic. Off. i i. 11. Bp.lb. Aug. 31. 89. Dio. Ivi. 
23. Arch. .\ Att. iv. It). 3, 4. Gell. i. G. v. 11'. U Plin, tp. viii. 15, 



Iv.il.iii. 185.111, &c. 


13 cadncum. 


10 Plin. Ep. ii. IS.vii. 


14 iisco, Juv. k. 


le. X. 2. 95, 96. Mart. 


&c. 


ii. 91, 92. Dio. Iv. 2. 


15 Plin. xxxiii. 3. 


S.iet. Claud. 19. 


16 Liv. viii. 17. 



LAWS OF THE ROMANS. 175 

by a tribune, the year uncertain, that no edifice, land, 

or altar, shoidd be consecrated without the order of the people. 
A. U. 325, about estimating fines/ probably the same 

with lex MENENIA. 

That no one should molest another without cause.^ 

by a tribune, A. U. 621, that tablets should be used in 

passing laws.^ 

by a tribune, A. XJ. 623, that the people might re-elect 

the same person tribune as often as they chose ; but it v.as re- 
jected.^ 

Instead of Papirius, they anciently wrote Papisius. So Vale- 
sius for Valerius, Auselius for Aurelius, &c. Ap. Claudius is 
said to have invented the letter r, probably from his first using 
it in these words.^ 

Lex PEDiA, by Pedius the consul, A. U. 710, decreeing banish- 
ment against the murderers of Ccesar.*' 

Lex PEDuc.EA, by a tribune, A. U. 640, against incest.'^ 

Lex PERsoLONiA, Or Pisulania, that if a quadruped did any 
hurt, the owner should either repair the damage, or give up the 
beast.^ 

Lex pjF.TELiA de amhifii, by a tribune, A. U. 397, that candi- 
dates should not go round to fairs and other public meetings, for 
the sake of canvassing.^ 

. de NEXis, by the consuls, A. U. 429, that no one should 

be kept in fetters or in bonds, but for a crime that deserved it, 
and that only till he suffered the punishment due by law : that 
creditors should have a right to attach the goods, and not the 
persons of their debtors.^" 

de PECULATU, by a tribune, A. U. 566, that inquiry 

should be made about the money taken or exacted from king 
Antiochus and his subjects, and how much of it had not been 
brought into the public treasury .^^ 

Lex PETREiA, by a tribune, A. U. 668, that mutinous soldiers 
should be decimated, i. e. that every tenth man should be se- 
lected by lot for punishment.^^ 

Lex PETRONiA., by a consul, A, U. 813, prohibiting masters 
from compelling their slaves to fight with wild beasts.^^ 

Lex piNARiA ANNALis, by a tribune, A. U. 622. What it was 
is uncertain. ^^ 

Lex PLAUTiA vel plotia, by a tribune, A. U. 664, that the ju- 
dices should be chosen both from the senators and equites ; and 
some also from the plebeians. By this law each tribe chcse an- 
nually fifceen^^ tobejudices for that year, in all 525. Some 

1 Cic.Dom.-19.Liv.iv 30. 5 D. i. 2. 2. 36. Cic 8 Paul. Sent. i. 457. 

2 Fest.in.'iacramentum. Fam. ix.2I. Var. L. jj. 9 J-.iv. vi\. 15. 13 IMod. Leg. Cnrn.sic. 

3 Cic Le5s- iii. IS. i. 6. Fest. Ouinct. i. 4. 10 Liv. viii. 29. 14 Cic. Or. ii. ti5. 

4 Cic. Aui. 23. Liv. Ep. 6 Veil. PaCu. ««. H Liv. xxxviii. 54. 15 quinos <lenos sufi.-?- 
sy. 7 Cic, Nat, D. iii. 30. 12 .^rp. Bell. Civ. ii. p. gio cieabaut. 



176 ROMAN ANTIQUITIES. 

read quinos creahant : thus making thein the same with tlie 

CKNTUMVIRI.^ 

PLOTiA de vi, against violence.^ 

Lex POMPEIA de vi, by Pompey, when sole consul, A. U. 
701, that an inquiry should be made about the murder of 
Clodius on the Appian way, the burning the senate-house, and 
the attack made on the house of M. Lepidus the interrex.^ 

de AMBiTU, against bribery and corruption in elections, 

v.ith the infliction of noAV and severer punishments.* 

By these laws the method of trial Avas altered, and the length 
of them limited : three days were allowed for the examination 
of witnesses, and the fourth for the sentence ; on which the 
accuser was to have two hours only to enforce the charge ; the 
criminal three for his defence. This regulation was considered 
as a restraint on eloquence.^ 

Lex POMPEIA judiciaria, by the same person ; retaining the 
Aurelian law, but ordaining, that the judices should be chosen 
from among those of the highest fortune ^ in the different 
orders.^ 

de coMiTiis, that no one should be allowed to stand 

candidate for an office in his absence. In this law Julius Caesar 
was expressly excepted.^ 

de repetundis,^ de parricidis.^^ 

The regulations which Pompey prescribed to the Bithynians 
were also called lex pompeia.^^ 

Lex POMPEIA de civilate, by Cn. Pompeius Straho, the consul, 
A. U. 665, granting the freedom of the city to the Italians and 
the Galli Cispadani.^^ 

Lex POPiLiA, about choosing the vestal virgins.^^ 

Lex PORCiA, by P. Porcius Lseca, a tribune, A. U. 454, that 
no one should bind, scourge, or kill a Eoraan citizen.^* 

Lex PUBLiciA, vel Puhlicia de lusu, against playing for money 
at any game but what required strength, as shooting, running, 
leaping, &c.^^ 

Lex PUBLILIA.^'' 

Lex PUPiA, by a tribune, that the senate should not be held 
on Comitial days; and that in the month of February, their 
first attention should be paid to the hearing of embassies.^^ 

Lex QUiNCTiA, A. U. 745, about the punishment of those who 
hurt or spoiled the aqueducts or public reservoirs of water. ^^ 

Lex RKGiA, conferring supreme power on Augustus.^^ 

1 Asc. Cic. Corn. diceet fortima spectari Pliil. ii. 10. Sail. Cat. 51. 

2 Cic. Mil. 13. Fam. d»berpt, et dignitas,— 9 App. Bel. Civ. ii.441. 15 1. 3. D. de aleat. 
viii. 8. For in a judge both 10 1. i. Dig. 16 see p. 16, 83. 

3 Cie. Mil. Asc. his rank and "fortune 11 Plin. Ep. x. 83. 1)3. 17 Cic. Frat. ii. 2. 13. 

4 l)io. xxxix. 37. xl. 52. are to beregarded, Cic. 115. Fam, i. 4. 

5 ibid. Dialog. Orat. 31). Phil. i. 20. 12 Plin. iii. 20. 18 Frontin. de aqus- 

6 ex amplissimo censu. 8 Suet. Jul. 23. Dio. xl. 13 Cell. i. 12. duct. 

7 Cic. Pis. 39. Phil. i. 8. 66. App. Bell. Civ. il. 14 Liv. x. !). Cic. Rab. ly see p. 80. 
Asc, Cic. ijuum in jU- p. 412. Cic. Att. viii. 3. peid 3, 4. Verr, v. 63. 



LAWS OF THE ROMANS. 177 

Lex REMMIA.^ 

Leges regi^, laws made by the kings, which are said to have 
been collected by Papirius, or, as it was anciently written, 
Papisius, soon after the expulsion of Tarquin,^ whence they 
were called jm* civile papirianum; and some of them, no doubt, 
were copied into the Twelve Tables. 

Lex RHODiA, containing- the regulations of the Rhodians con- 
cerning naval affairs, which Cicero and Strabo greatly com- 
mend,"^ supposed to have been adopted by the Romans. But 
this is certain only with respect to one clause, de jactu, about 
throwing goods overboard in a storm. 

Leges de repetundis ; Acilia, Calpurnia, Csecilia, Cornelia, 
Julia, Junia, Pompeia, Servilia. 

Lex ROsciA theatralis, determining the foi*tune of the equites, 
and appointing them certain seats in the theatre.^ By this law 
a certain place in the theatre was assigned to spendthrifts.^ 
The passing of this law occasioned great tumults, Aviiich were 
allayed by the eloquence of Cicero the consul.^ 

Lex RUPiLiA, or more properly decretum, containing the re- 
gulations prescribed to the Sicilians by the prffitor Eupilius, 
Avith the advice of ten ambassadors, according to the decree of 
the senate.'' 

Leges sagrat.e : various laws were called by that name, 
chiefly those concerning the tribunes, made on the Mons L?acer, 
because the person who violated them was consecrated to some 
god.*^ There was also a lex sacrata militaris, that the name 
of no soldier should be erased from the muster-roll without his 
own consent, ^^o among the j^^qui and Volsci, the Tuscans, the 
Ligures, and particularly the Samnites, among whom those were 
called sacrati milites, who Avere enlisted by a certain oath, and 
with particular solemnities.^ 

Lex satura was a law consisting of several distinct particulars 
of a different natm-e, which ought to have been enacted 
separately. ^'^ 

Lex scATiNiA, vel Scant mia, de nefanda venere, by a tribune, 
the year uncertain, against illicit amours. The punishment at 
first was a heavy fine,^^ but it was afterwards made capital. 

Lex scRiBONiA, by a tribune, A. U. GOl, aboui^ restoring the 
Lusitani to freedom.^^ Another, de servitutum usucapioni- 
hus, by a consul under Augustus, A. U. 719, that the right of 
servitudes should not be acquired by prescription, which seems 
to have been the case in the time of Cicero. ^'^ 

1 see Lex Memmia. Epit. 99. Mart. v. S. 7 Cic. Verr. ii. 13. IS.IH. 11 Cic. Fam. viii. 14. 

2 Cic. Tusu. QuiEst. iii. Dio. xxxvi 25. 8 Fest. Cic. Corn. Oft'. Phil. iii. b. Juv. ii. 4a. 
1. Fam. ix. 2l. Diony. 5 decoctoribus, Cic. iii. 31. Bulb. 14, 15. Quinct. iv. 2. vii. 4. 
ii . 3e. Phil. ii. 18. heg. ii, 7. Liv. ii. 8. Suet, Dom. 8. 

3 Cic. Leg, Man. 18. 6 Cic. Att. ii. 1. Pint. iii. 54, 55. xxxix. 5. 12 Liv. Epit. 49. Cic, 
Strab, 14, Gic. to which Virgil is 9 Liv. iv. 26. vii. 41. ix. Brut. 23. 

4 see p. 21. Cic. IWur. supposed to allude, 33. 30. x. 48. xxxvi. 3. 13 Ca»c, 20. I. 4. D, de 
19. Juv. xiv. 323, Liv, ^n, i. 125, 10 Fest. Usuc. 



178 ROMAN ANTlgUlTlES. 

Leges sempronle, laws proposed by the Gracchi.* 

1. Tib. GRACCHI agraria, by Tib. Gracchus, A. U. 620, that 
£\o one should possess more than 500 acres of land ; and that 
three commissioners should be appointed to divide among- the 
poorer people what any one had above that extent.^ 

de civiTATE iTALis DANDA, that the freedom of the state 

should be given to all the Italians.^ 

de H.EREDiTATE ATTALi, that the moncy which Attalus 

had left to the Roman people, should be divided among those 
citizens who got lands, to purchase the instruments of husban- 
dry. These laws excited great commotions, and brought de- 
struction on the author of them. Of course they were not put 
in execution.^ 

2. C. GRACCHI FRuMENTARiA, A. U. 628, that com should be 
given to the poor people at a triens and a semis, or at |§ of an 
AS, a modius or peck ; and that money should be advanced from 
the public treasury to purchase corn for that purpose. The gra- 
naries in which this corn was kept were called horrea sempro- 

NIA.^ 

Note. A triens and semis are put for a dextans, because the 
Romans had not a coin of the value of a dextans. 

de PRoviNCiis, that the provinces should be appointed 

for the consuls every year before their election.'* 

de CAPiTE civiuM, that sentence should not be passed on 

the life of a Roman citizen Avithout the order of the people.^ 

de MAGisTRATiBus, that Avhoever was deprived of his 

office by the people, should ever after be incapable of enjoying 
any other„^ 

juDiciARiA, that the judices should be chosen from 

among- the equites, and not from the senators as formerly.'-* 

Against corruption ia the judices.^'' Sylla afrerwards 

included this in his law defalso. 

de CENTURiis EvocANDis, tliat it should be determined by 

lot in what order the centuries should vote.^^ 

de MiLiTiBus, that clothes should be afforded to soldiers 

by the public, and that no deduction should be made on that 
account from their pay ; also, that no one should be forced to 
enlist below tli3 age of seventeen.^- 

de viis MUNiENDis, about paving and measuring the pub 

lie roads, making bridges, placing milestones, and, at smaller 
distances, stones to help travellers to mount their horses, for it 
appears the ancient Romans did not use stirrups ; and there 
were wooden horses placed in the Campus Martius, where the 



1 Cic Phil. 1. 7. 




Grace. 


27. Dom. 9. Fam. i. 7. 


Verr. i. 13. 


2 L\v. Epit. 68. 


Plut. 


5 Cic. Sext. 44. Tusc. 


7 Cic. Rab. 4. \^err. v. 


lfliieqiiisi«flicio<ircuni- 


Grace, p. 8J7. 


A PI. 


Uuajst. iii. 20. Brut. 


63. Cat. iv. 5. 


vcnrrim-, C,c. Clu.fo. 


Bell. Civ. i. 355. 




tjv:. ott. ii. 21. Liv. Kp. 


8 Plut. Grace. 


11 Sail. ('.L'S. Rep. Ui-U. 


3 Hiiteic. ii.3, 3. 




bS. 60. 


9 App. Bell. Civ. i.Soo. 


s,ef p. ;(). 


•1 Liv. iipit. C8. 


Flul. 


6 Cic,Prov.Co.2,Balb. 


Dio. xxxvi. h8. Cii. 


Vi Plut. laaic. 



I,A%VS OK THE ROMANS. 179 

vouth might be trained to mount and dismount readily. Thus 
Virgil, corpora saltu subjiciunt in equos} 

Caius Gracchus first introduced the custom of walking or 
moving- about while haranguing the people, and of exposing- 
the right arm bare, which the ancient Ftoraans, as the Greeks, 
used to keep within their robe.^ 

Lex SEMPRONIA de fceyiore, by a tribune, long before the time 
of the Gracchi, A. U. 560, that the interest of money should be 
regulated by the same laws among the allies and Latins, as 
among Roman citizens. The cause of this law was, to check 
the fraud of usurers, who lent their money in the name of the 
allies,^ at higher interest than was allowed at Rome. 

Lex sERViLiA AGRARiA, by P. Scrvilius Rullus, a tribune, 
A. U. 690, that ten commissioners should be created with 
absolute power for five years, over all the revenues of the re- 
public ; to buy and sell Avhat lands they thought fit, at Avhat 
price and from whom they chose, to distribute them at pleasure 
to the citizens, to settle new colonies wherever they judged 
proper, and particularly in Campania, &c. But this law was 
prevented from being passed by the eloquence of Cicero the 
consul.* 

de civiTATE, by C. Servilius Glaucia, a praetor, A. U. 653, 

that if any of the Latin allies accused a Roman senator, and 
got him condemned, he should obtain the same place among 
the citizens which the criminal had held.^ 

de REPETUNDis, by the same person, ordaining severer 

penalties than formerly against extortion, and that the defend- 
ant should have a second hearing.^ 

. SERVILIA JuDiciARiA, by Q. Scrvilius Coepio, A. U. 647, 

that the right of judging, Mhich had been exercised by the 
equites alone for seventeen years, according to the Sempronian 
law, should be shared between the senators and equites.^ 

Lex siGiNiA, by a tribune. A, U. 662, that no one should 
contradict or interrupt a tribune while speaking to the people.^ 

Lex siLiA, by a tribune, about Aveights and measures.^ 

Lex siLVANi et carbonis, by two tribunes, A. U. QQ^, that 
whoever was admitted as a citizen by any of the confederate 
states, if he had a house in Italy Avhen the law was passed, and 
gave in his name to the praetor,^" Avithin sixty days, he should 
enjoy all the rights of a Roman citizen.^^ 

Lex suLPiciA SEMPRONIA, by the consuls, A. U. 449, that no 
one should dedicate a temple or altar Avithout the order of the 
senate, or a majority of the tribunes.^^ 

1 with a bound th^y 3 in socios nomina naretur, Cic. A'eir. i. 9 Fest. in Piiblira Pon- 
vault on their steeds, transcribebant, Liv, !). Rab. Posth. 4. dera. 
.^•;ii.xii.288.Veg. i. 18. xxxv. 7. 7 Cic. Brut. 4S, 44. 86. 10 apud prffiton-m uio- 

2 vestecontinereOuin. 4 Glr. Ruli. I'is. 2. ' Or. ii. 55. Tac. Ann. fiteretur. 

Ai. e. 138.Dio. Frlfin. 5 Cir. Balb. 24. xii, 60. 11 Cic. Arch. 1. 

xxxiv, 9U. ' 6 ut reus comperendi- 8 Oiojiy. vii. 17. 1:3 Liv. ix. 4C. 



180 ROMAN ANTIQUITIES. 



Lex suLPiciA, by a consul, A. U. 553, ordering war to be pro- 
claimed on Philip king of Macedon.^ 

Leges sulpicle de CBre alieno, by the tribune, Serv. Sulpicius, 
A. U. 665, that no senator should contract debt above 2000 
denarii : that the exiles who had not been allowed a trial, 
should be recalled : that the Italian allies, who had obtained the 
right of citizens, and had been formed into eight new tribes, 
should be distributed through the thirty-five old tribes : also, 
that the manumitted slaves ~ who used formerly to vote only in 
the four city tribes, might vote in all the tribes : that the com- 
mand of the war against Mithridates should be taken from 
Sylla, and given to Marius.^ 

But these laws Avere soon abrogated by Sylla, who, returning 
to Rome with his army from Campania, forced Marius and 
Sulpicius, Avith their adherents, to fly from the city. Sulpicius, 
being betrayed by a slave, was brought back and slain. Sylla 
rewarded the slave with his liberty, according to promise ; but 
immediately after ordered him to be thrown from the Tarpeian 
rock for betraying his master.^ 

Leges sumptuari^ ; Orchia, Fannia, Didia, Licinia, Cornelia, 
J^lmilia, Antia, Julia. 

Leges tabellari^, four in number.' 

Jjex TALARiA, against playing at dice at entertainments.*' 

Lex TERENTiA ct CkSQiA. JiumentariaJ 

Lex TERENTiLiA, by a tribune, A. U. 291, about limiting the 
powers of the consuls. It did not pass ; but after great conten- 
tions gave cause to the creation of the decemviri.^ 

Leges testamentari.e ; Cornelia, Furia, Voconia. 

Lex THORiA de vectigalibus, by a tribune, A. U. 646, that no 
one should pay any rent to the people for the public lands in 
Italy Avhich he possessed.^ It also contained certain regulations 
about pasturage. But Appian gives a dilierent account of this 
law.'" 

Lex TiTiA de qiuBstorihus^ by a tribune, as some think, A. U. 
448, about doubling the number of cjuasstors, and that they 
should determine their provinces by lot.^^ 

. de muneribus, against receiving money or presents for 

pleading.^^ 

AGRARiA : what it was is not known.^'^ 

. de Lusu, similar to the Publician law. 

.^ de TUTORiBus, A. U. 722, the same with the Julian law, 

and, as some think, one and the same law.'* 

1 Liv. xxxi. 6. 6 ut ne legi fraudem fa- 9 agrum publicum vec- Ann. xi. 13. where 

2 cives libertini. ciam tnlariie, that I tigali levavit, Cic. some read, instead of 

3 Plut. Syl. Mar. Liv. may not break, &c. Brut. 36. Ginciam, Titiaiu. 
Epit. 77. Ase. Cic. Plaut. Mil. Glor. ii. 2. 10 Bell. Civ. i. p. 366. 13 Cic. Or. ii 11. Le-g. 
Paterc. ii. 18. 9. Cic. Or. ii. 70. ii 6. 12. Sue App. U. 

4 ibid. 7 see lex Cassia. 11 Cic. Mur. 8. 14 Justin. Inbtit. Atil. 

5 see p. 77. 8 Liv. iij. &. 10, &c. 12 Aus. Epig. 89. Tac. Tut. 



LAWS OF THK ROMANS. 181 

Lex TREBONiA, by a tribune, A. U. 698, assigning provinces 
to the consuls for five years : Spain to Pompey ; Syria and the 
Parthian war to Crassus ; and prolonging Csesar's command in 
Gaul for an equal time. Cato, for opposing this law, was led to 
prison. According to Dio, he was only dragged from the 
assembly.^ 

de TRiBUNis, A. U. 305.^ 

Lex TRiBuNiTiA, either a law proposed by a tribune, or the 
law restoring their power.^ 

Lex TRiuMPHALis, that no one should triumph who had not 
killed 5000 of the enemy in one battle.* 

Lex TULLiA de ambitu, by Cicero, when consul, A. U. 690, 
adding to the former punishments against bribery, banishment 
for ten years ; and, that no one should exhibit shows of gladia- 
tors for two years before he stood candidate for an office, unless 
that task was imposed on him by the testament of a friend.^ 

. de LEGATIONS LIBERA, limiting the continuance of it to a 

year.'' 

Lex VALERIA de provocationeJ 

de FORMiANis, A. U. 562, about giving the people of For- 

miae the right of voting.^ 

de SYLLA, by L. Valerius Flaccus, interrex, A. U. 671, 

creating Sylla dictator, and ratifying all his acts; which Cicero 
calls the most unjust of all laws.^ 

de QUADRANTE, by L. Valerius Flaccus, consul, A. U. 667, 

that debtors should be discharged on paying one-fourth of their 
debts.^o 

JjCX VALERIA HORATiA de tribuHs comitiis ; de tribunis, against 
hurting a tribune.^^ 

Lex vARiA, by a tribune, A. U. 662, that inquiry should be 
made about these by whose means or advice the Italian allies 
had taken up arms against the Roman people.^- 

Lex VATiNiA de provinciis.^^ 

de alternis consiliis rejiciendif, that, in a trial for ex- 
tortion, both the defendant and accuser might for once reject 
all the judices or jury ; whereas formei-ly they could reject only 
a few, whose places the prietor supplied by a new choice.^* 

de coLONis, that Caesar should plant a colony at Novoco- 

mum in Cisalpine Gaul.^^ 

Leges de vi, Plotia, Lutatia, et Julia. 

Lex viARiA, de viis muniendis, by C Curio, a tribune, A. U. 
703, somewhat similar to the Agrarian law of Kullus. By this 

1 xxxix. 33, 34. Liv. 4 Val. Max. ii. 8. 9 Cic. RuU. iii. 2. S. Tusc. Quaest. ii. 24. 
K pit. 104. 5 Dio. xxxvii. 29. Cic. Rose. 43. I^gj. i. 15. Val. Max. v. 2. 

2 Liv. iii. 64. 65. see p. Val. 15. Sext. 64. Mur. 10 Paterc. ii. 23. see p. 13 see p. 96. 
111,112. 32. 34, &c. 40. 1 1 subsortitione, Cic. 

3 Cic. Act. prim. Verr. 6 Cic. Legg. iii. 8. 11 Liv. iii. 55. see p. Vat. 11. 

16. Rull. ii. 8. Liv. 7 see p. 92. 16. 15 S aet. Jul. 28. 

iii. S6. 8 Liv. xxxvi-i. 36. 12 C>c. Brut. 58. 89. 



182 ROMAN ANTIQUITIES. 

law there seems to have been a tax imposed on carriages and 
horses.^ 

Lex VILLIA ANNALIS.^ 

Lex vocoNiA de h.ereditatibus muUerum, by a tribune, A. U. 
384, that no one should make a woman his heir,^ nor leave to 
any one by way of legacy more than to his heir or heirs.^ But 
this law is supposed to have referred chiefly to those who were 
rich,^ to prevent the extinction of opulent families. 

Various arts were used to elude this law. Sometimes one left 
his fortune in trust to a friend, who should give it to a daughter 
or other female relation ; but his friend could not be forced to 
do so, unless he inclined. The law itself, however, like many 
others, on account of its severity, fell into disuse.*^ 

These are almost all the Roman laws mentioned in the clas- 
sics. Augustus, having become sole master of the empire, con- 
tinued at Hrst to enact laws in the ancient form, which were so 
many vestiges of expiring liberty,^ as Tacitus calls them : but 
he afterwards, by the advice of Maecenas, gradually introduced 
the custom of giving the force of laws to the decrees of the 
senate, and even to his own edicts.^ His successors improved 
upon this example. The ancient manner of passing laws came 
to be entirely dropped. The decrees of the senate, indeed, for 
form's sake, continued for a considerable time to be published ; 
but at last these also were laid aside, and every thing was done 
according to the will of the prince. 

The emperors ordained laws — 1. By their answers to the ap- 
plications made to them at home or from the provinces." 

2. By their decrees in judgment or sentences in court,'" 

which were either interlocutory, i. e. such as related to any in- 
cidental point of law which might occur in the process; or deki- 
NiTivE, i. e, such as determined upon the merits of the cause 
itself, and the whole question. 

3. By their occasional ordinances," and by their instruc- 
tions ^^ to their lieutenants and officers. 

These constitutions were either general, respecting the 
public at large ; or special, relating to one person only, and 
therefore properly called privilegia, privileges ; but in a sense 
different from what it was used in under the republic.^'^ 

The three great sources, therefore, of Roman jurisprudence 
were the laws,'* properly so called, the decrees of the senate/* 
and the edicts of the prince,'** To these may be added the 

1 Cic. Fam. viii. 6. Att. pecnnJosi vel classic!, Dio. li!. 13 Plin. Ep. x. 56, 57. 
vi. 1. those of the first class, 9 per rescripta ad libel- see p. 20. 

2 see p. 89. Asc. Cic. Gell. vii. 13. los supplices, episto- 14 leges. 

3 ne quis heredem vir- 6 Cic. Fin. ii. 17. Gell. las, vel preces. 15 senatus coiisulta. 
ginem neque miilierem xx. i. 10 per decreta. 16 constitutiuncs priiici* 
t'aceret, Cic. Ver. i.42. 7 vestipia morientis li- 11 per edicta vel consti- pales. 

i c. 43. Sen. 5. Balb. 8. bertatis. tutiones. 

qui essent censi, i. e. 8 Tac. Ann. i. 2. iii.28. 13 per mandata. 



LAWS OF THE ROMANS. 183 

edicts of the magistrates, chiefly the prsetors, called jus hono- 
KARiuM,^ the opinions of learned lawyers,^ and custom or long 
usage.^ 

The titles and heads of laws, as the titles and beginnings of 
books,'^ used to be written with vermilion :^ hence, bubrica is 
put for the civil law ; thus, rubrica vetavit, the laws have for- 
bidden.^ 

The constitutions of the emperors were collected by different 
lawyers. The chief of these Avere Gregory and Hermogenes, 
who flourished under Constantine. Their collections were 
called CODEX gregorianus and codex hermogenianus. But these 
books were composed only by private persons. The first col- 
lection made by public authority was that of the emperor 
Theodosius the younger, published A. C. 438, and called codex 
theodosianus. But it only contained the imperial constitutions 
from Constantine to his own time, for little more than a hundred 
years. 

It was the emperor justinian that first reduced the Roman 
law into a certain order. For this purpose, he employed the 
assistance of the most eminent lawyers in the empire, at the 
liead of whom was tribonian. 

Justinian first published a collection of the imperial consti- 
tutions, A. C. 529, called codex justinianus. 

Then he ordered a collection to be made of every thing that 
Avas useful in the Avritings of the lawyers before his time, whi(;Ii 
are said to have amounted to 2000 volumes. This Avork was 
executed by Tribonian, and sixteen associates, in three years, 
although they had been allowed ten years to finish it. It was 
published, A. C. 533, under the title of Digests or Pandects.^ 
It is sometimes called, in the singular, the Digest or Pandect. 

The same year were published the elements or first principles 
of the Roman law, composed by three men, Tribonian, Theo- 
philus, and Dorotheus, and called the Institutes.^ This book 
Avas published before the Pandects, although it Avas composed 
after them. 

As the first code did not appear sufficiently complete, and 
contained several things inconsistent Avith the Pandects, Tri- 
bonian and other four men Avere employed to correct it. A 
neAv code, therefore, was published, xvi Kal. Dec. 534, called 
codex repetit.e pR.ai;LECTiONis, and the former code declared to 
be of no further authority. Thus in six years Avas completed 
Avhat is called corpus juris, the body of Rouian law. 

J jus honorarium, seep. 4 Ov. 'f rist. i. 7. Mart. i.e. jus civile, trans- lege rubras majorum 

102. jii. 2. tulerunt, Quin. xii. 3. leges, Sat. xiv. 19b,— 

2 auctoritas vel respon- 5 nibrica vel minio. 11. — some have gone study the red-lettered 
sa prudentum vel juris 6 Prrs. v. SO. alii se ad no farther than the re- titles (laws) of our 
cnnsultorum, Cic. Mur. album, i. e. jus prajto- cords of some courts, forefathers. 

13. Czec. 24. rium, quia praetores and the titles of some 7 pandect.-e vel digesta* 

3 consuetude vel mos edicta sua in albo pro- law chapters, Patsall. 8 institut.u 
ujajoruin, Gell. xi. 16. ponebant, ac rubricas, —hence Juvenal, per. 

92 



184 ROMAN ANTIQUITIES. 

But when new questions arose, not contained in any of the 
above-mentioned books, new decisions became necessary to 
supply what was wanting-, or correct what was erroneous 
These were afterwards published, under the title of Novels,^ 
not only by Justinian, but also by some of the succeeding em- 
perors. So that the Corpus Juris Romani Civilis is made up oi 
these books, the Institutes, Pandects, or Digests, Code, and 
Novels. 

The Institutes are divided into four books ; each book into 
several titles or chapters ; and each title into paragraphs (§), 
of which the first is not numbered ; thus, Inst, lib. i. tit. x. 
princip. or, more shortly, I. 1. 10. pr. So, Inst. 1. i. tit. x. 
§ 2. or, I. 1. 10. 2. 

The Pandects are divided into fifty books ; each book into 
several titles ; each title into several laws, which are distin- 
guished by numbers ; and sometimes one law into beginning 
(princ, for principium) and paragraphs ; thus, D. 1. 1. 5., i. e. 
Digest, first book, first title, fifth law. If the law is divided 
into paragraphs, a fourth number must be added ; thus, D. 4S. 
5. 13. pr., or, 48. 5. 15. 13. 3. Sometimes the first word of the 
law, not the number, is cited. The Pandects are often marked 
by a double/"; thus, J^. 

The Code is cited in the same manner as the Pandects, by 
book, title, and law: the Novels by their number, the cliapters 
of that number, and the paragraphs, if any ; as, Nov. 1J5, c. 3. 

The Justinian code of law was universally received through 
the Roman world. It flourished in the east until the taking 
of Constantinople by the Turks, A. D, 1453. In the west it 
Avas, in a great measure, suppressed by the irruption of the 
barbarous nations, till it was revived in Italy in the 12th cen- 
tury by iRNERius, who had studied at Constantinople, and 
opened a school at Bologna, under the auspices of Frederic I., 
emperor of Germany. He was attended by an incredible num- 
ber of students from all parts, who propagated the knowledge of 
the Roman civil law through most countries of Europe ; where 
it still continues to be of great authority in courts of justice, 
and seems to promise, at least in point of legislation, the fulfil- 
ment of the famous prediction of the ancient Romans concern- 
ing the eternity of their empire. 

JUDICIAL PROCEEDINGS OF THE ROMANS. 

The judicial proceedings ^ of the Romans were either private or 
public, or, as we express it, civil or criminal. 

1 iiovellae, sc. constitu- 2 judicia. — omnia judi- rum controversiarum ficiorum cauR-u repenj 
tionos. cia aut distraheiida- aut puniendorum mali- sunt, Cic. Caec. z. 



JUDICIAL PROCEEDINGS. 185 



I. JUDICIA PRIVATA, CIVIL TRIALS. 

JuDiciA privata, or civil trials, were concerning- private causes 
or differences between private persons. In these at first the 
kings presided, then tlie consuls, the military tribunes and de- 
cemviri ; but, after the year 389, the praetor u7-banus and pere- 
grinus} 

The judicial power of the praetor urhanus and peregrinus was 
properly called jurisdictio,^ and of the pr^tors who presided at 
criminal trials, qujjstio.^ 

The praetor might be applied to * on all court days ; ^ but on 
certain days he attended only to petitions or requests ;^ so the 
consuls, and on others, to the examination of causes. '^ 

On court-days, early in the morning-, the praetor went to the 
forum, and there, being seated on his tribunal, ordered an ac~ 
census to call out to the people around that it was the third 
hour; and that whoever had any cause ^ might bring it before 
him. But this could only be done by a certain form. 

I. VOCATIO IN JUS, OR SUMMONING TO COURT. 

If a person had a quarrel with any one, he first tried to make it 
up" in private.^" If the matter could not be settled in this 
manner, the plaintiff^^ ordered his adversary to go with him 
before the praetor ,^'^ by saying, in jus voco te : in jus eamus : in 

JUS VENI : SEQUERE AD TRIBUNAL *. IN JUS AMBULA, Or the like.^"* If 

he refused, the prosecutor took some one pi-esent to Avitness, by 
saying-, licet antes tari ? May I take you to witness ? If the 
person consented, he offered the tip of his ear,^* Avhich the pro- 
secutor touched.^^ Then the plaintiff might drag the defendant ^^ 
to court by force,^^ in any way, even by the neck,^^ according- to 
the law of the Twelve Tables ; si calvitur ^^ pedemve struit,"^" 
MANUM ENDO JACiTO, injicito. But worthless persons, as thieves, 
robbers, &c., might be dragged before a judge without this for- 
mality.-^ 

By the law of the Twelve Tables none were excused from 
appearing in court; not even the aged, the sickly, and infirm. 
If they could not wallc, they were furnished with an open car- 

1 Cic. Or. i. 38. Top. vel potestatera sui fa- vel opera amiccrum, 16 reum. 

17. Dionjr. x. I. Liv. clebat. Caec. 3. 17 injusrapere. 

ii. 27.iii.ii3. see p.lOO, 5 diebus fastis. 11 actor vel petitor, 18 obtorto collo, cer- 

6 postulationibiis vaca- Liv. iv. 9. vice adstricta, Cic. & 
bat. 12 in jus vocabat. Plaut. Pcen. iii. 5. 43. 

7 Plin.Ep. vii. 33. 13 Ter. Phor. v. 7. 43. Juv. x. 88. 

8 qui lege agere vellet. 88. 19 moratur. 

9 litem componere vel 14 auriculam. oppone- 20 fugit vel fugam 
dijudicare. bat. adornat, Fest. 

10 intra parietes, Cic. 15 Hor. Sat. i. 9. v. 76. 21 Plaut. Pers. iv 9. v. 
Ouinct. 5. 11. per dis- Plaut. Cur. v. '2. see p. 10. 
ceptatures domesticos 49, 

q3 



ini. 






2 (piae posita 


erat 


in 


e(licto et ex edicto 


de- 


nretis. 






S Cic. Verr. i. 


40, 


41. 


46, 47, &c. ii.48.v 


14. 


>Iur. aO. Flac 


3. :'ac. 


Agr. 6. 






4 adiri polerat 


cop 


am 



186 



ROMAN ANTIQUITIES. 



riage.^ But afterwards this was altered, and various persons 
were exempted ; as, magistrates, those absent on account of the 
state, also matrons, boys and girls under age, &c.^ 

It was likewise unlawful to force any person to court from his 
own house, because a man's house was esteemed his sanctuary."* 
But if any one lurked at home to elude a prosecution,* he was 
summoned ^ three times, with an interval of ten days between 
each summons, by the voice of a herald, or by letters, or by the 
edict of the prator ; and if he still did not appear,^ the prose- 
cutor was put in possession of his effects.^ 

If the person cited found security, he was let go : si ensiet 
{si autem sit, sc. aliquis,) qui in jus vocatum vindicit, {vindica- 
verit, shall be surety for his appearance,) mittito, let him go. 

If he made up the matter by the way (endo via), the process 
was dropped. Hence may be explained the words of our Savi- 
our, Matt. v. 25. Luke xii. 58. 

II. POSTULATIO ACTIONIS, REQUESTING A WRIT, AND 
GIVING BAIL. 

If no private agreement could be made, both parties went before 
the prastor. Then the plaintiff proposed the action ^ which he 
intended to bring against the defendant,^ and demanded a writ^" 
from ^he praetor for that purpose. For there were certain 
forms,^^ or set words,^- necessary to be used in every cause.^'^ 
At the same time the defendant requested that an advocate or 
lawyer might be given him, to assist him with his counsel. 

There were several actions competent for the same thing. 
The prosecutor chose which he pleased, and the praetor usually 
granted it,^* but he might also refuse it 

The plaintiff, having obtained a writ from the praetor, offered 
it to the defendant, or dictated to him the words. This writ it 
was unlawful to change.^^ 

The greatest caution was requisite in drawing up the writ ^^ 
for if there was a mistake in one word, the whole cause was 
lost.^^ Hence scribere vel subscribere dicam alicui vel im- 
pingere, to bring an action against one, or cum aliquo judicium 
subscribere, ei formulam intendere. But DICAM vel dicas 



1 jumentum, i. e, plau- 
strum vel vectabuluin, 
Gell. XX. l.Cic. Leg?. 
ii.23. Hor. Sat.i. 9.?b. 

2 D. tie in jus vocand. 
&c. Liv. xlv. 37. Val. 
Max. ii. 1. 5. iii. 7. 9. 

3 tutissimutn refugium 
et receptaculum. 

4 si fraudationis causa 
latitarPt,Cic. Quin.l9. 

5 evocabatur. 



6 se non sisteret. 

7 in bona ejus mitteba- 
tur, ib. 

8 actionem edebat, vel 
dicam scribebat, Cic. 
Veir. ii. 15. 

9 quam in reum inten- 
dere veliet, Plaut.Per. 
iv. 9. 

10 actionem postulabat. 

1 1 fwrmulee, 

yz vcib I concepta. 



13 formulae de omnibus 
rebus constitute, Cic. 
Rose. Com. 8. 

14 actionem vel judi- 
cium dabat vel redde- 
bat, Cic. Ceec. 3. Ouin. 
22. Verr. ii. 12. 27. 
Her. ii. 13. 

15 mutare formulam 
nou licebat, Sen. En. 
117. 

10 in aclioiie vel formu- 



la concipienda. 
17 Cic. Inv. ii. 19. Her. 
i. 2. Quin. iii.8. vii. 3. 
17. qui plus petebat, 
quam debitum est, 
causam perdebat, Cic. 
Q. Rose. 4. vel formu- 
la excidebat, i, e. causa 
cadebat, Suet. Claud. 
11. 



JUDICIAL PRUCEfiDlNGS. 187 

sortiri, i. e.judices dare sortitwne, qui causam cognoscant^ to 
appoint judices to judge of causes.^ 

A person skilled only in framing Avrits and the like, is called 
by Cicero, leguleius,^ and by Quinctilian, formularius. He 
attended on the advocates, to suggest to them the laws and 
forms ; as those called pragmatici did among the Greeks,^ and 
as agents do among us. 

Then the plaintiff required that the defendant should give 
bail for his appearance in coiu't^ on a certain day, which Avas 
usually the third day after. ^ And thus he Avas said vadari 
REUM.^ This Avas also done in a set form prescribed by a laAV- 
yer, Avho Avas said vadimonium congipere.^ 

The defendant Avas said vades dare, a'cI vadimonium promit- 
TERE. If he did not find bail, he Avas obliged to go to prison.^ 
The praetor sometimes put off the hearing of the cause to a more 
distant day.^ But the parties^'' chiefly Avere said vadimonium 
DiFFBRRE cum aliquo, to put off the day of the trial. Res esse in 
vadimonium cxpit, began to be litigated." 

In the mean time the defendant sometimes made up^^ ^\^q 
matter privately Avith the plaintiff, and the action Avas dropped. ^-^ 
In Avhich case the plaintiff was said decidisse vel pactionem 
fecisse cum reo, judicio reum absolvisse vel liberasse, lite con- 
testata \el Judicio constituto, after the laAvsuit Avas beg-un ; and 
the defendant, litem redemisse, after receiving security from the 
plaintiff ^^ that no further demands Avere to be made upon hira.^^ 
If a person Avas unable or unAvilling to carry on a laAASuit, he 
Avas said non posse vel nolle prosequi, vel esperiri, sc. jus vel 
jure^ vel Jure summo}^ 

VVhen the day came, if either party Avhen cited was not pre- 
sent, Avithout a Aalid excuse,^^ he lost his cause. If the defend- 
ant Avas absent, he Avas said deserere vAonioNiuM, and the 
prsator put the plaintiff in possession of his effects. ^^ 

If the defendant Avas present, he Avas said vadimonium sistere 
vel OBiRE. When cited, he said, Ubi tu es, qui me vadatus es ? 
Ubi tu es, qui me citasti ? Egge me tibi sisto, tu contra et te 
MiHi sisTE. The plaintiff answered, Adsum. Then the defend- 
ant said, Quid ais ? The plaintiff said, Aio fundum, quem 
possides, meum esse; vel aio te mihi dare, fagere, oportere, or 
the like.^^ This was called intentio actionis, and varied ac- 
cording to the nature of the action. 

1 Gic. Verr. ii. 15. 17 5 tertio die vel peren- Llv. Ep. 86. Juv. iii. pisset. 

Ter. Phor ii. 3. 92 die, Cic. Qiiin. 7. Mur. 213. 15 ainpliiis a s' n»nii- 

Piin. Ep. V. 1. Suet. 12. Gell. vii. 1. 10 litigatores. nem petiturum, Cic. 

A'^it. 7. 6 vades ideo dicti, quod, 11 Cic. Att. ii. 7. Fara. Quin. 11, 12. 

2 praeco actionura, can- qui eos dederit, va^len- ii. S. Quin. 1+, 16. I'j ib. 7, &c. 

tor formularum, au- di, id est, disced'^ndi 12 rem componebat et 17 sine morbo vel causa 

ceps syllabiTum, Cic. habet potestalem, Fest transigebat, compro- sontica. 

Or. i. 55. Cic. Quin. t<. mi^pd. IS Hor. Sat. i. 9. v. 36. 

S Quin. xii. 3. 11. 7 Cic.Frat ii. 15. 13 Piin. Ep. v. 1. Gir. Ouiii. 6. 21. 

4 vades, qui sponcle- S Plaut.Per. i'. '.v. 18. 1 J cum sibi cavisset vel 1« Plant. Cure. i. 3. 5. 

rent eura adfuturum. 9 vadiiuonia difl'crebat, sails ab actore acce- Gij. Mur. 12. 



roma:»' antiquities. 



III. DIFFERENT KINDS OF ACTIONS. 

Actions were either real, personal, or mixed. 

1. A real action ^ was for obtaining- a thing- to which one had 
a real right,^ but uhich was possessed by another.^ 

2. A personal action * was against a person for doing or 
giving something, which he was bound to do or give, by reason 
of a contract, or of some wrong done by him to the plaintiff. 

3. A mixed action was both for a thing, and for certain per- 
sonal protestations. 

1. REAL ACTIONS. 

Actions for a thing, or real actions, Avere either civil, arising 
from some law/ or pr.etorian, depending on the edict of the 
prffitor. 

x\cTioNEs pr.etori/e wcre remedies granted by the prretor for 
rendering an equitable right effectual, for which there was no 
adequate remedy granted by the statute or common law. 

A civil action for a thing ^ was called vindicatio ; and the 
person who raised it vindex. But this action could not be 
brought, unless it was previously ascertained who ought to be 
the possessor. If this was contested, it was called lis vindicia- 
RUM, and the praetor determined the matter by an interdict.^ 

If the question was about a slave, the person who claimed the 
possession of him, laying hands on the slave,^ before the prnetor, 
said, hunc hominem ex jure quiritium meum esse aio, ejusque 
viNDXiAs, i. e. possessionem, mihi dari postula." If the other 
Avas silent, or yielded his right,^'' the praetor adjudged the slave 
to the person who claimed him,^^ that is, he decreed to him the 
possession, till it was determined who should be the proprietor 
of the slave.^^ But if the other person also claimed possession,^-^ 
then the prffitor pronounced an interdict/* qui nec vi, nec clam, 

NEC PRECARIO POSSIDET, EI VINDICIAS DABO. 

The laying on of hands ^^ was the usual mode of claiming the 
pi'operty of any person, to which frequent allusion is made in 
the classics.^^ 

In disputes of this kind,^^ the presumption always Avas in fa- 
vour of the possessor, according to the law of the TAvelve Tables, 
SI QUI IN JURE MANUM coNSERUNT, 1. 6. apud judicem disceptant, 

SECUNDUM EUM QUI POSSIDET, VINDICIAS DATO.^^ 

1 actio in rem, 7 Cic. Verr. i. 45. Cjec. 13 si vindicias sibi con- Cic.llosc.Com.l6.Pliii. 

2 jus in re. 8. 14. servari postularet. Ep. x. 19. in vera bona 

3 per quam rem nos- 8 mauum ei injiciendo. 1 1 interdiccbat. non est maims iiijec- 
tram, quie ab alio DOS- 9 to wliicli Plautus al- 15 nianus injectio, Liv. tio ; animo non potest 
sidetur, petimus, Ulp. ludes, Rud. iv. o, 86. iii- 43. injici nanus, i. e. vis 

4 actio in personam. 10 jure cedebat. 16 Ov. Ep. Heroid, vlii. fieri, Sen. 

5 Cic. Ca;c 5. Or. u 2. 11 servum addicebat 16. xii. 158. Am, i. 4. 17 in litibus vindicu. 
it actio civilis vel legi' vindicanti. 40. ii. 5. 30. Fast. iv. rum. 

tijoainreni. 12 ad e.\iluin juditii. 'JO. Virg. iEn. x. 419. 18 Gell. xx. 10. 



JUDICIAL PROCEEDINGS. 189 

But in an action concerning liberty, the praetor always de- 
creed possession in favour of freedom/ and Appius, the decem- 
vir, by doing the contrai'y,^ by decreeing- that Virginia should 
be given up into the hands of M. Claudius, his client, who 
claimed her, and not to her father, who was present, brought 
destruction on himself and his colleagues.^ 

Whoever claimed a slave to be free ^ was said eum libebali 
CAUSA MANu AssERERE ; ^ but if hc claimed a free person to be a 
slave, he was said in servitutem asserere ; and hence was call- 
ed AssERTOR. Hence, hcsc (sc. pr(Bsentia gaudia) utraque maim, 
complexuque assere toto ; ^ assero, for qffir?no, or assevero, is 
used only by later writers. 

The expression manum conserere, to fight hand to hand, is 
taken from war, of which the conflict between the two parties 
was a representation. Hence vindigia, i. e. injectio vel correptio 
manus in re prcesenti, was called vis civilis et festucariaJ The 
two parties are said to have crossed two rods^ before the pr£8tor, 
as if in fighting, and the vanquished party to have given up his 
rod to his antagonist. Whence some conjecture that the first 
Romans determined their disputes with the point of their swords. 

Others think that vindicia was a rod,^ which the two parties ^" 
broke in their fray or mock fight before the prator (as a straw ^^ 
used anciently to be broken in making stipulations),^^ the conse- 
quence of whicli was, that one of the parties might say, that he 
had been ousted or deprived of possession ^^ by the other, and 
therefore claim to be restored by a decree ^^ of the praetor. 

If the question was about a farm, a house, or the like, the 
prastor anciently w^ent with the parties ^^ to the place, and gave 
possession ^^ to which of tliem he thought proper. But from the 
increase of business this soon became impracticable ; and then 
the parties called one another from court ^^ to the spot,^^ to a 
farm, for instance, and brought from thence a turf,^^ which w^as 
also called vindicia, and contested about it as about the whole 
farm. It was delivered to the person to whom the praetor ad- 
judged the possession.^ 

But this custom also was dropped, and the lawyers devised a 
new form of process in suing for possession, which Cicero plea- 
santly ridicules.-^ The plaintiff" thus addressed the defendant ; ^ 

FUNDUS qui est IN AGRO, QUI SABINUS VOCATUR, EUM EGO EX JURE 
QUIRITIUM MEU3I ESSE AIO, INDE EGO TE EX JURE MANU CONSERTUM 

1 rindicias dedit secun- 5 to claim him by an ac- 9 virgula vel festuca. IS in locum vel rem 
dum libertatem. tion of freedom. Ter. 10 litigantes vel discep- prae^entem. 

2 decernendo vindlcias AdeL ii. 1. 3J. Plaut. tantes. 19 glehani. 
secundum servitutem, Poen. v. 2. Liv. iii. 44. llstipula. 20 Fest. Gell. xx. 10. 
vel ab libertate in ser- 6 then seize it fast ; em- 12 Isid. v. 24. 21 Mur. 12. 
vitutera contra leges brace It ere it flies, — 13 possessionedejectns. 22 petitor. 

vindicias dando. Hay. Mart. i. 16. 9. 14 interdicto. 2:i euni, unde j>e*eba 

3 Litf. Ui.47. 56. 58. 7 Gell. 20. 10. 15 cum litigantibns. tur. 

4 vindex, qui in liberta- 8 feslucas inter se com- 16 vindicias dabat. 
tern Tindicabat. misisse. 17 ex jure. 



r 



190 



ROMAN ANTIQUITIES. 



(to contend according to law) voco. If the defendant yielded, 
the prffitor adjudged possession to the plaintiff. If not, the de- 
fendant thus answered the plaintiflf, unde tu me ex jure manuim 
coNSERTUM vocASTi, iNDE iBi EGO TE REvoco. Then the prffitor 
repeated his set form,^ utrisque, superstitibus pr^esentibus, i. e. 
testibus -prcEsentihus (before witnesses), istam viam dico. Inite 
viAM. Immediately they both set out, as if to go to the farm, to 
fetch a turf, accompanied by a lawyer to direct them.^ Then 
the prcetor said, redite viam ; upon which they returned. If it 
appeared that one of the parties had been dispossessed by the 
other through force, the prastor thus decreed, unde tu illum 

DEJECISTI, CUM NEC VI, NEC CLAM, NEC PRECARIO POSSIDERET, EG IL- 
LUM restituas jubeo. If not, he thus decreed, uti nunc possi- 
detis, &C, ITA POSSIDEATIS. VlM FIERI VETO. 

The possessor being thus ascertained, then the action about 
the right of property '^ commenced. The person ousted or outed^ 
first asked the defendant if he was the lawful possessor.^ Then 
he claimed his right, and in the meantime required that the pos- 
sessor should give security,^ not to do any damage to the subject 
in question,^ by cutting- down trees, or demolishing buildings, 
&c., in which case the plaintiff was said per pr.edes, v. -em, vel 
pro prcBde litis vindiciarum satis accipere.^ If the defendant 
did not give security, the possession Avas transferred to the plain- 
tiff, provided he gave security. 

A sum of money also used to be deposited by both parties, 
called SACRAMENTUM, which fell to the gaining party after the 
cause Mas determined,^ or a stipulation was made about the pay- 
ment of a certain sum, called sponsio. The plaintiff said, quan- 

DO NEGAS HUNC FUNDUM ESSE MEUM, SACRAMENTO TE QUINQUAGENARIO 

PROvoco. Spondesne quingentos, sc. nummos vel asses, si meus 
EST? i. e. si meiim esse probavero. The defendant said, spondeo 
guiNGENTOS, si Tuus SIT. Then the defendant required a coiTes- 
pondent stipulation from the plaintiff,^" thus, et tu spondesne 
guiNGENTOs, Ni TUUS SIT ? i. c. si pvobavero tuurn non esse. Then 
the plaintifl'said, spcndeo, ni meus sit. Either party lost his cause 
if he refused to give this promise, or to deposit the money required. 
Festus says this money Avas called sacramentum, because it 
used to be expended on sacred rites ; but others, because it 
served as an oath,^^ to convince the judges that the lawsuit was 
not undertaken Avithout cause, and thus checked Avanton litiga- 
tion. Hence it Avas called pignus sponsionis.^^ And hence pif/- 
nore contendete, et sacramento, is the same.^^ 



1 carmen composltum. 

2 qui ire viam di)ceret. 

3 de jure dorainii. 

4 possessione exclusus 
vel dejectus, Cic. C<jec. 
I'J. 

b quaudo ego te in jure 



conspicio, postulo an 
sies auctor ? i. e. pos- 
sessor, unde meum jus 
repetere possim, Cic. 
Case. 19. Prob. Not, 

6 satisdaret. 

7 se nihil detenus in 



possessione facturum. 

8 Cic. Verr. i. 45. 

9 Fest. Varr. L. L. iv. 
36. 

10 restipulabatur. 

11 quod instar sacra- 
menti vel jurisjui-andi 



esset. 

12 quia violare quod 
quisque proraittit per- 
fidiae est, Isid. Orig. v. 
24. 

13 Cic. Fam. viL 3^. 
Or. L 10. 



JUDICIAL PROCEEDINGS. 191 

Sacramentum is sometimes put for the suit or cause itself,^ 
sacramentum in libertatem, i. e. causa et vindicicB libertatis, the 
claim of liberty. So sponsionem facere, to raise a lawsuit; 
sponsione lacessere, certare, vincere^ and also vincere sponsionem^ 
or judicium, to prevail in the cause ; condemnari sponsionis, to 
lose the cause ; sponsiones, i. e. causes^ prohibitcB judicari, 
causes not allowed to be tried.^ 

The plaintiff was said sacramento vel sponsione provocare^ 
rogare, qucerere, et stipulari. The defendant, contendere ex 
provocatione vel sacramento, et restipulari? 

The same form was used in claiming- an inheritance,^ in claim- 
ing servitudes, &c. But, in the last, the action might be ex- 
pressed both affirmatively and negatively ; tlius, aio, jus esse 
vel NON esse. Hence it was called actio confessoria et nega- 

TORIA. 

2. PERSONAL ACTIONS. 

Personal actions, called also condictiones, were very nume- 
rous. They arose from some contract, or injury done ; and re- 
quired that a person should do or give certain things, or suffer 
a certain punishment. 

Actions from contracts or obligations were about buying- and 
selling ; ^ about letting and hiring ; ^ about a commission ; '' 
partnership ; ^ a deposite ; ^ a loan ; ^" a pawn or pledge ; ^^ a 
wife's fortune ; ^- a stipulation,^'^ which took place, almost in all 
bargains, and was made* in this form : — An spondes ? Spondeo : 
An dabis ? Dabo : An promittis ? promitto, vel repromiito, &c.^* 

When the seller set a price on a thing, he was said indicare : 
thus, iNDiCA, FAC PRETiuM, and the buyer, when he offered a 
price, LiCERi, i. e. rogare quo pretio liceret auferre}'" At an 
auction, the person who bade^^ held up his forefinger ; ^^ hence 
digito liceri. The buyer asked, quanti licet, sc. habere vel 
auftrre. The seller answered, decern nummis licet, or the like.^^ 
Thus some explain de Drusi Iiortis, quanti licuisse (sc. eas 
emere), tu scribis audieram : sed quanti quanti, bene emitur quod 
necesse est}'^ But most here take licere in a passive sense, to be 
valued or appraised ; quanti quanti, sc. licent, at Avhatever 

t pro ipsa petitioiie,Cic. ductione: locabatur vasa, equos, et similia, Bacchld. iv. S. 

Cffic. 33. vel domus vpI fundus, quas eadeni redduntur; 15 Plaut. Per. iv. 4. 37. 

2 Cic. Dom. 29. MiL27. vel opus faciendum, mutuo autem damns Stich. i. 3. 6S. Cic- V'cr. 
Cr. i. 10. Quin. 8. 26, vel vectigal; aedium ea, pro quiinis alia red- iii. 33. 

27. Verr. i. oi-i. iii. 57. conductor inquilinus, duntur ejusdem gene- 16 licitator. 

62.Caec.8. 16 31,32. fundi colonus, operis ris, ut numnios, fru- 17 index, Cic. ib. 11. 

Off. iii. 19. Rose. Com. redemptor, vectigalis mentum, vinum, ole- 18 Plaut. Ep. iii. 4. 3d. 

4,5. publicanus vel man- um, et fere caetera, quae 19 You write me hinv 

3 Cic. Rose. Com. 13. ceps dicebatur. pondere, nuinero vel much the seat of Dru- 
Val. Max. ii. 8.2.Var. 7 de mandato. inensura dari solent. sus is valued at: I had 
L. L. iv. 3t). Fest. 8 de societate. 11 de hypotheca vel heard of it before: but 

4 in hsereditatis peti- 9 de deposito apud se- pignore. be what it will, there 
tione. questrera. 12 de dote vel re uxo- is no paying too dear 

5 de emptinne et ven- 10 de commodato vel ria. for a tbing which iire 
ditione. mutuo, proprie commo- 13 de stipiilatione. nin?t have, — Cic. Att, 

6 de localione et con- damns vestes, Ubros, li Plaut. P:,i;u'i, iv, G. xii. Zi. 



192 ROMAN ANTIQUITIES. 

price.^ So venibunt quiqui licebunt (Avhoever shall be appraised, 
or exposed to sale, shall be sold) prcesenti pecunia, for ready 
money.^ Unius assis non unquam pretio pluris licuisse, notante 
judice quo nosti populo, was never reckoned worth more than 
the value of one as, in the estimation of the people, &c.^ 

In verbal bargains or stipulations there were certain fixed 
forms '^ usually observed between the two parties. The per- 
son who required the promise or obligation, stipulator,^ 
asked ^ him who was to give the obligation/ before witnes- 
ses, if he would do or give a certain thing ; and the other 
always ansvi'ered in correspondent words : thus, an dabis ? 
Dabo vel dabitur. An spondes ? Spondeo. Any material change 
or addition in the answer rendered it of no effect. The 
person who required the promise Avas said to be reus stipu- 
LANDi ; he Avho gave it, reus promittendi. Sometimes an oath 
was interposed,^ and, for the sake of greater security,^ there 
was a second person, Avho required the promise or obligation to 
be repeated to him, therefore called astipulator,^" and another, 
who joined in giving it, adpromissor. Fide jussor vel sponsor, 
a surety, who said, et ego spondeo idem hoc, or the like. 
Hence, astipulari irato consuli, to humour or assist.^^ The per- 
son who promised, in his turn usually asked a correspondent 
obligation, which was called restipulatio ; both acts were 
called spONsio. 

Nothing of importance Avas transacted among the Romans 
without the rogatio, or asking a question, and a correspondent 
answer : ^^ hence interrogatio for stipulatio. Thus also laws 
>\ere passed : the magistrate asked, rogabat, and the people 
answered, uti rogas, sc. volumus}^ 

The form of mancipatio, or mancipium^ per <bs et libram, was 
sometimes added to the stipulatio.^* 

A stipulation could only take place between those who were 
present. But if it Avas expressed in a Avriting,^^ simply that a 
person had promised, it Avas supposed that every thing requisite 
in a stipulation had been observed.^'' 

In buying and selling, in giving or taking a lease,^^ or the 
like, the bai-gain Avas finished by the simple consent of the par- 
ties : hence these contracts Avere called consensuales. He Avho 
gave a Avrong account of a thing to be disposed of, Avas bound to 



1 Mart. vi. 66. 4. bat. 5. Inst, de inutil. Stip. 2. 39. 

2 PJaut. Men. V. 9. 97. 7 pnimissor vel repro- Plaut. Trin. v,2. 31.39. 12 congrua responsio. 

3 Hor. Sat. i. 6. 13. inissor, Plauf. As. ii. Cure. v. 2. 74. Dig. 13 Sen. Ben. iii. 16. see 

4 stipulationum forniu- 4, 48. Pseud, i, 1. 112. 9 ut pacta et cnnventa p. 76, 78. 

lae, Cic. LegK. i. 4. vel for both words are put firmiora essent. 14 Cic. Leg?, ii. 2(1, 21. 

sponsionum, Ros.Com. for the same thing, Ciir. 10 Cic. Quiii. IS. Pis.9. 15 si in instruuiento 

4. V. 2, 68. V. 3. 31. 33. qui arrogabut, Flaut. scriptum esset. 

5 sibi qui promitti cu- Cic. Rose. Com. 4. ]3. Rud.v. 'J. 45, 16 Inst iii. 2U. 17. Paul, 
rabat, v. sponsionem 8 Plaut. Rud. v. 2. 47. 11 Liv. xxxix, 5. Fest. Recep. Sent. v. 7. 2. 
exigebat. Pseud, i. 1. 115. iv. 6. Cic. Att. v. 1. Rose. 17 in locatione vel con- 

G rc'Si'bat V. interroga- 15. Bacch. iv. 8. 41. s. Am. 9. Plaut. Trin. v. ductionc. 



JUDICIAL PROCEEDINGS. 193 

make up the damage. An earnest penny was sometimes 
given, not to confirm, but to prove the obligation.^ But in all 
important contracts, bonds/ formally written out, signed, and 
sealed, were mutually exchanged between the parties. Thus 
Augustus and Antony ratified their agreement about the parti- 
tion of the Roman provinces, after the overthrow of Brutus and 
Cassius at Philippi, by giving and taking reciprocally written 
obligations.* A difference having afterwards arisen between 
Caesar, and Fulvia the wife of Antony, and Lucius his brother, 
who managed the affairs of Antony in Italy, an appeal was 
made by Cassar to the disbanded veterans ; vvho, having assem- 
bled in the capitol, constituted themselves judges in the cause, 
and appointed a day for determining it at liabii. Augustus 
appeared in his defence ; but Fulvia and L. Antonius, having 
failed to come, although they had promised, were condemned 
in their absence ; and, in confirmation of the sentence, war 
was declared against them, which terminated in their defeat, 
and finally in the destruction of Antony.^ In like manner, the 
articles of agreement between Augustus, Antony, and Sex. 
Pompeius, Avere written out in the form of a contract, and com- 
mitted to the charge of the vestal virgins. They were farther 
confirmed by the parties joining their right hands, and em- 
bracing one another. But Augustus, says Dio, no longer ob- 
served this agreement, than till he found a pretext for violating 
it.s 

When one sued another upon a written obligation, he was 
said agere cum eo ex stxgrapha.'^ 

Actions concerning bargains or obligations are usually named 
ACTioNEs empti, venditi, locati vel ex locato, conduct i vel ex con- 
ducto, mandati, &c. They were brought^ in this manner: — 
The plaintiff said, aio te mihi mutui commodati, depositi 

NOMIXE, dare centum OPORTERE ; AIO TE MIHI EX STIPULATU, 

tocATO, DARE FACERE OPORTERE. The defendant either denied 
the charge, or made exceptions to it, or defences,^ that is, he 
admitted part of the charge, but not the whole; thus, nego me 

TIBI EX STIPULATO CENTUM DARE OPORTERE, NISI QUOD METU, DOLO, 
ERRORE ADDUCTUS SPOPONDI, vel nisi quod MINOR XXV ANNIS 

sPOPONDi. Then followed the sponsio, if the defendant denied, 

NI DARE FACERE DEBEAT ; aild the RESTIPULATIO, SI DARE FACERE 

DEBEAT ; but if he excepted, the sponsio was, ni dolo adductus 
spoponderit; and the restipulatio si dolo adductus spopon- 
derit.^" 

An exception was expressed by these words, si non, ac si 

1 arrha v. arrhabo. 4 ypaAnxamio, syngra- 8 intendebantur. 1(1 to this Cicero al- 

2 Cic. Oft", iii. 16. Inst. ph'ae, Dio. xlviii. 2.11. 9 actoris intentionom hides, Inv. ii. 19. Fiu 
iii. 23. pr, Varr. L. L. 5 Dio. xlvii. 12, &c. aut negabat vel in:icia- 2. 7. Att. vi. 1. 

iv. 36. 6 Dio. Nlviii. 37, 45. batur aut exceptione 

3 syngrapbs. 7 Cic. Mur. 17. elidebr.t. 

R 



194 ROMAN ANTIQUITIES. ! 
NON, AUT SI, AUT NISI, NISI QUOD, EXTRA QUAM SI. If the plaintiff 

answered the defendant's exception, it Avas called replicatio ; 
and if the defendant answered him, it was called duplicatio. It 
sometimes proceeded to a triplicatio and quadruplicatio. The 
exceptions and replies used to be included in the sponsio.^ 

When the contract was not marked by a particular name, the 

action was called actio pr.escriptis verbis, actio incerta vel in- \ 

certi ; and the writ - was not composed by the prastor, but the j 

words were prescribed by a lawyer.^ 1 

Actions were sometimes brought against a person on account ; 
of the contracts of others, and were called adjectitia qualitatis. 

As the Romans esteemed trade and merchandise dishonour- 
able, especially if not extensive,* instead of keeping shops 
themselves, they employed slaves, freedmen, or hirelings, to ' 
trade on their account,^ who were called institores ; ^ and ac- 
tions brought against the trader,^ or against the employer,^ on ^ 
account of the trader's transactions, were called actiones insti- j 

TORIiE. 1 

In like manner, a person who sent a ship to sea at his own i 
risk,^ and received all the profits,^" whether he was the proprie- \ 
tor ^^ of the ship, or hired it,^~ whether he commanded the ship , 
himself,^^ or employed a slave or any other person for that pur- 
pose,^* was called navis exercitor ; and an action lay against I 
him ^^ for the contracts made by the master of the ship, as well i 
as by himself, called actio exercitoria. ! 

An action lay against a father or master of a family, for the 
contracts made by his son or slave, called actio de peculio or 

actio de in re!\i verso, if the contract of the slave had turned to I 

his master's profit ; or actio jussu, if the contract had been made | 

by the master's order. ' 

But the father or master was bound to make restitution, not 

to the entire amount of the contract, ^"^ but to the extent of tlie i 

peculium, and the profit which he had received. ] 

If the master did not justly distribute the goods of the slave j 

among his creditors, an action lay against him, called actio tri- ! 

butoria. I 

An action also lay against a person in certain cases, where i 

the contract was not expressed, but presumed by law^, and \ 

therefore called obligatio quasi ex contractu; as when one, J 

without any commission, managed the business of a person in ! 

his absence, or without his knowledge : hence he was called ne- ^ 

GOTIORUM GESTOR, Or VOLUNTARIUS AMICUS, vel PROCURAJOR.^^ | 

1 Liv. xxxix. 43. Cic. 5 negotlalionibus piae- mari immittebat. 13 sive ipse navis ma- 
Verr. i. 45. iii. 57. 59. ficiebant 10 ad quern omnes ob- gisier esset. 

CsEC. 16. Val. Max. ii. 6 quod iiegotio gerendo ventiones et redltus 11 navi prieficerpt. , 

8.2. . instabant. navis pervenirent. 15 in eum comjietebat, jj 

2 formula. 7 in negotiatorem. 11 dominus. erat, vel dabatur. . 

3 Val. Max. viii. 2. 2. 8 in dominum. 12 navem per aver- 16 non in solidum. \ 



4 Cic. Oft', i. 43.. 9 sno periculo narera sioneui conduxisset. 17 Cic. Owe, 5. Brut. 4. 



JUDICIAL PROCEEDINGS. 195 

3. PENAL ACTIONS. 

Actions for a private ^vrong were of four kinds: ex furto. 
RAPiNA, DAMNO, INJURIA ; foF theft, robbcry, damage, and personal 
injury. 

1. The diflPerent punishments of thefts were borrowed from 
the Athenians. By the laws of the Twelve Tables, a thief in 
the night-time might be put to death ; ^ and also in the day- 
time, if he defended himself with a weapon,- but not without 
having first called out for assistance.^ 

The punishment of slaves was more severe. They were 
scourged and thrown from the Tarpeian rock. Slaves were so 
addicted to this crime, that they were anciently called fures;^ 
and theft, servile probrum. 

But afterwards these punishments Avere mitigated by various 
laws, and by the edicts of the prfetors. One caught in manifest 
theft ^ was obliged to i-estore fourfold,^ besides the things stolen ; 
for the recovery of which there Avas a real action ^ against the 
possessor, whoever he was. 

If a person was not caught in the act, but so evidently guilty 
that he could not deny it, he was called /ur keg manifestus, and 
was punished by restoring double.'' 

When a thing stolen was, after much search, found in the 
possession of any one, it was called furtum conceptum, and by 
the law of the Twelve Tables was punished as manifest theft,^ 
but afterwards, ix& fur turn nee manifestum. 

If a thief, to avoid detection, offered things stolen ^" to any 
one to keep, and they were found in his possession, he had an 
action, called actio furti oblati, against the person Avho gave 
him the things, whether it was the thief or another, for the 
triple of their value. 

If any one hindered a person to search for stolen things, or 
did not exhibit them when found, actions were granted by the 
prastor against him, called actiones furti prohibiti et non exhi- 
biti ; in the last for double. ^^ What the penalty was in the first 
is uncertain. But in whatever manner theft Avas punished, it 
Avas always attended Avith infamy. 

2. Robbery^- took place only in mo\able things.^"^ Immo- 
vable things Avere said to be invaded, and the possession of them 
Avas recovered by an interdict of the praitor. 

'. si nox (noctu) furtum turn escit (erit) adUici- quid domini faciant, 7 vindicatio. 

faxit, siiii (sieum) all- tor, GelL xi. ult. audent cum taliA fu- 8 Gell. xi. 18. 

qiiis oci'vsit (occide- 3 sed non nisi is, qui res! — what will mas- 9 see p. 157- Gell. ibid. 

rit},jure csesus esto. intereraturus erat, qui- ters do, when thieves Inst. iv. 1. 4. 

2 si luci furtum fo-iit, ritaret, i. e. clamaret are so audacious ! Hor. 1(1 res funivas vel furto 

Sim aliquis endo (in) Quirites, vostram fi- Ep. i. 6. 4tj. Tac. Hist, ablatas. 

ipso furto capsit (cepp- dem. sc. imploro, vel i. 48. 11 Plaut. P. iii. 1. v. 61. 

rit), verberator, illi- porro Quirites. 5 in furto manifesto. 12 rapina. 

que, cui furtum fuc- 4 A'^irg. Eel. iii. 16. 6 quadruplum. 13 in rebus mobilibus. 

R 2 



196 ROMAN ANTIQUITIKS. 

Although the crime of robbery ^ was much more pernicious 
than that of theft, it was, however, less severely punished. 

An action- was granted by the praetor against the robber,^ 
only for fourfold, including what lie had robbed. And there 
was no difference whether the robber was a freeman or a slave ; 
only the proprietor of the slave was obliged, either to give liini 
up,^ or pay the damage.^ 

3. If any one slew the slave or beast of another, it was called 
DAMNUM INJURIA DATUM, i. c. dolo vel culpa nocentis admissum, 
whence actio vel judicium damni injuria, sc. dati^ whereby he 
was obliged to repair the damage by the Aquilian law. Qui 

SERVUM SERVAMVE, ALIENUM ALIENAMVE, QUADRUPEDEM vel PECUDEM 
INJURIA OCCIDERIT, QUANTI ID IN EO ANNO PLURIMI FUIT, (wluiteVCr 

its highest value was for that year,) tantum ms dare domino dam- 
NAS esto. By the same law, there was an action against a per- 
son for hurting any thing that belonged to another, and also for 
corrupting another man's slave, for double if he denied.^ There 
was, on account of the same crime, a prajtorian action for 
double even against a person who confessed.^ 

4. Personal injuries or affronts^ respected either the body, 
the dignity, or character of individuals. — They were variously 
punished at different periods of the republic. 

By the Twelve Tables, smaller injuries ^'^ were punished with 
a fine of twenty-five asses or pounds of brass. 

But if the injury was more atrocious ; as, for instance, if any 
one deprived another of the use of a limb,^^ he was punished by 
retaliation,^^ if the person injured would not accept of any other 
satisfaction.^^ If he only dislocated or broke a bone,^^ he paid 
300 asses, if the sufferer was a freeman, and 150, if a slave. If 
any slandered another by defamatory verses,^^ he was beaten with 
a club, as some say, to death. ^'^ 

But these laws gradually fell into disuse, and, by the edicts of 
the praetor, an action was granted on account of all personal in- 
juries and affronts only for a tine, which was proportioned to 
the dignity of the person, and the nature of the injury. This, 
however, being found insufficient to check licentiousness and 
insolence, Sylla made a new law concerning injuries, by which, 
not only a civil action, but also a criminal prosecution, was 
appointed for certain injuries, with the punishment of exile, or 
working in the mines. Tiberius ordered one v.ho had written de- 
famatory verses against him to be thrown from the Tarpeian 
rock.^^ 

1 crimen raptus. in duplum, 1. 1. princ. 13 see p. 153. fronted him, vel car- 

" actio vi bonorum rap- D. rfe serv. corr. 11 qui os ex genitali, i. men famosum in euni 



torum. 8 1. 5. s. 2. ibid, e. ex loco ubi giguitur, condidisset. 

3 in raptorem. 9 iiijurias. fudit, Gell. xx. 1. 16 Hor. Sat. ii. 1 v. S2, 

4 euni noxae dedere. 10 injuriae leviores. 15 si quis aliqueni pub- Ep. ii. 1. v. 154. Cum. 
6 da miium pr.T stare. 11 si membrum rupsit, lice diftamasset, eique Pers. Sat. l.Cic. Aug. 
6 Cic. Rose. Com. 11. i. e. riiperit. adversus bonos mores Civ. D. ii. 9. 12. 

/ adversus inficiantem 12 talione. convicium fecisset, af- 17 Gel. xx.1. Dio,lvii.22. 



JUDICIAL PROCEEDINGS. 197 

An action might also be raised ag-ainst a person for an injury- 
done by those under his power, which was called actio noxalis ; 
as, if a slave committed theft, or did any damage without his 
master's knowledge, he was to be given up to the injured per- 
son : ^ and so if a beast did any damage, the owner was obliged 
to oflfer a compensation, or give up the beast.^ 

There was no action for ingratitude,^ as among the Mace- 
donians, or rather Persians ; because, says Seneca, all the courts 
at Rome* would scarcely have been sufficient for trying it. He 
adds a better reason; quia hoc crimen in legem cadere non 
debet? 

4. MIXED AND ARBITRARY ACTIONS. 

Actions by Avhicli one sued for a thing ^ were called actiones 
REi PERSECUTORi-E ; but actions merely for a penalty or punish- 
ment were called pcenales ; for both, mixt.^. 

Actions in which the judge was obliged to determine strictly, 
according to the convention of parties, were called actiones 
stricti juris : actions which were determined by the rules of 
equity,^ were called arbitrarle, or bon.e fidei. In the former, 
a certain thing, or the performance of a certain tiling,^ was re- 
quired; a sponsio was made; and the judge was restricted to a 
certain form : in the latter, the contrary of all this was the 
case. Hence, in the form of actions boncB fidei about contracts, 
these words were added, ex bona fide ; in those trusts called 
fiducice, UT inter bongs rkne agier oportet, et sine frauda- 
tione ; and in a question about recovering a wife's portion after 
a divorce,^ and in all arbitrary actions, quantum vel quid 



IV. DIFFERENT KINDS OF JUDGES ; JUDICES, ARBITRI, 
RECUPERATORES, ET CENTUfllVIRI. 

After the form of the writ was made out,^^ and shown to the 
defendant, the plaintiff requested of the prtetor to appoint one 
person or more to judge of it.^- If he only asked one, he asked 
a judex, properly so called, or an arbiter : if he asked more 
than one,^-^ lie asked either those who were called recuperatores 
or centum viri. 

1. A judex judged both of fact and of law, but only in such 
cases as were easy and of smaller importance, and which he was 

1 si servus, irsciente dominus noxie iestimi- 5 Sen. Ben. iii. 6, 7. 11 conceptaactionis in- 

domino, lurlum taxit, am, damni sesliination- 6 rem persequebatur. tentione. 

noxiamve noxit, nocu- em, offerto: si nolit, 7 ex icquo et bono. 12 judicetn vel judicium 

erit, i. e. damnum te- quod noxit, dato. 8 certa jirffistatio. in earn a pra;iore jjOS- 

cerit, Moxa; deditor. 3 actio iiigrati. 9 in arbitrio reiuxo-ix. tulabat. 

- si quadrupes paupe- 4 omnia fora, sc. tria, 10 ("ic. Off. iii. 15. O, 13 juditiuin. 

riem, damnimi, I'uiil, Ir, ii. i). Rose 4. Toj). 17. 

R 3 



198 ROMAN ANTIQUITIES. 

obliged to detevmine according to an express law or a certain 
form prescribed to him by the prietor. 

2. An ARBITER judged in those causes which were called honoB 
fidei, and arbitrary, and was not restricted by any law or form/ 
he determined what seemed equitable, in a thing not sufficiently 
defined by law.^ Hence he is called honorarius. Ad arbitrum 
vel judicem ire, adire, confugere, arbitrum sumere, capere ; 
ARBITRUM ADiGERE, i. 6. ttd arbitvum agere vel cogere, to force 
one to submit to an arbitration ; ad arbitrum vGcare vel appel- 
lere ; ad vel apud judtcem, agere, experiri, litigare, pet ere ; but 
arbiter and judex, arbit7ium and judicium, are sometimes con- 
founded; arbiter is also sometimes put for testis, or for the 
master or director of a feast, arbiter bibendi, arbiter AdricB, 
ruler of the Adriatic ; maris, having a prospect of the sea.^ 

A person chosen by two parties by compromise,* to determine 
a diflFerence without the appointment of the prajtor, was also 
called arbiter, but more properly compromissarius. 

3. Recuperatores Mere so called, because by them every one 
recovered his own.^ This name at first was given to those who 
judged between the Roman people and foreign states about re- 
covering and restoring private things ; ^ and hence it was trans- 
ferred to those judges who were appointed by the praetor for 
a similar purpose in private controversies ; but afterwards they 
judged also about other matters.^ They were chosen from 
Roman citizens at large, according to some; but more properly, 
according to others, from the judiges selecti ; ^ and, in some 
cases only, from the senate. So in the provinces,'^ where they 
seem to have judged of the same causes as the centumviri at 
Rome, a trial before the recuperatores was called judicium 
recuperatorium, cum aliquo recuperatores sumere^ vel eum ad 
recuperatores adducere, to bring one to such a trial. ^" 

4 Centumviri were judges chosen trom the thirty-five tribes, 
three from each ; so that properly there were 105, but they 
were always named by a round number, centumviri.^^ The 
causes Avhich came before them ^~ are enumerated by Cicero. 
They seem to have been first instituted soon after the creation of 
the praator peregrinus. They judged chiefly concerning testa- 
ments and inheritances.^^ 

After the time of Augustus they formed the council of the 

totius rei arbitrium 104, SalU Cat. 20. Liv. tlie list of judfrps, Civ. ii. 20. 36. iii. 21. 

habuit et potestatem. ii. 4. Hor. Od. i 3. ii. Plin. lip. iii. 20. Liv. ,29. 

Fest. Cic. Rose. Com. 7. 23. Ep. i. 11. 26. xliii. 2. 10 Cic. Inv. ii. 2(1. Suet. 

4,5. Off. iii. iij. Top. 4 ex coiiipromisso. 9 ex conventu Romano- Vesp. 3. Liv. xliii. 2. 

10. Sen. Ben. iii. 3. 7. 5 'I'lieoph. Inst. rum civium, i. e. ex 11 Fest. 

3 Cic. Tusc. V. 41. Fat. 6 Fest. in reciperatin. R.tnianis civibus qui 12 causae centumvi- 

17. Rose. Com. 4. 9. 7 Plant. Baccli. ii 3. v. juris et .judiciorum rales. 

Off. iii. 16. Top. 10. 36. Cic. C:«c. 1, &c. causa in certum locum 13 Cic. Or. i. 38. Cflec. 

Am.39.Mur, 13 Ouin, Caecil. 17. Liv. xxvi. convpnire solebant, spe 18. V'al. Rlax. vii. 7. 

3. FIdc. 36. Ter. Hea. 48. Suet. Ner.l^.Doni. p. 134. Cic. Ve.r.ii. 13. Oniu. iv. 1. 7. Piin. iv. 

iii. 1. 94. Adel. i. 2. 4:-!. 8. Gell. xx. 1. iii. 11. 13. 28. 5'J. v. 5. 8. Hi. 

Plant. Rud. iv. 3. 09. 8 ex albo judicum, from 36. 5% 69. Cics. Bell. 



JUDIGlAIi PROCEEDINGS. 1 99 

prcBtor, and judged in the most important causes,^ whence trials 
before them ^ are sometimes distinguished from private trials ; 
but these were not criminal trials, as some have thought/ for in 
a certain sense all trials were public* 

The number of the Centumviri was increased to 180, and 
they were divided into four councils, hence quadruplex judicium 
is the same as centumvirale ; sometimes only into two, and 
sometimes in important causes they judged all together. A 
cause before the centumviri could not be adjourned.^ 

Ten men ^ w ere appointed, five senators and five equites, to 
assemble these councils, and preside in them in the absence of 
the prsetor.'^ 

Trials before the centumviri were held usually in the Basilica 
Julia, sometimes in the forum. They had a spear set upright 
before them. HQnce judicium Iiast(S, for centumvirale, centum- 
viralem hastam cogere^ to assemble the courts of the centumviri, 
and preside in them. So, centum gravis hasta virorum, the 
tribunal of the centumviri. Cessat centeni moderatrix judicis 
Jmsta.^ 

The centumviri continued to act as judges for a Avhole year, 
but the other judices only till the particular cause was deter- 
mined for which they were appointed. 

The decemviri also judged in certain causes, and it is thought 
that in particular cases they previously took cognizance of the 
causes Avhich were to come before the centumviri, and their 
decisions were called pr^judicia.^ 

V. THE APPOINTMENT OP A JUDGE OR JUDGES. 

Of the above-mentioned judges the plaintiflF proposed to the 
defendant,^" such judge or judges as bethought proper according 
to the words of the sponsio, m ita esset : hence, judicem vel -es 
FERRE ALicui, Ni ITA ESSET, to Undertake to prove before a judge 
or jury that it was so,^^ and asked that the defendant would be 
<;ontent with the judge or judges whom he named, and not ask 
another.^- If he approved, then the judge was said to be agreed 
an, coNVENiRE, and the plaintiff requested of the prastor to ap- 
point him in these words, pr.^tor, judicem arbitrumve postulo, 
UT DEs in diem tkrtium sive perendinum, aiid in the same man- 
ner recupei^atorcs were asked. ^"^ Hence, judices dare, to appoint 
one to take his trial before the oi'dinary judices.^^ But centura- 

) Inc. Or. 33. vi. 33. Ouin. v. 2. xi. 36. Mart. Epig. vii.63. 12 nealiiim procaret, i. 

2 i'ldicia centnmviralia. 1. xii. 5.~Val. Mus. vii. Stnt. Sylv. iv. 4. 43. e. posteret, Fest. 

3 Plin. Ep. i. 18. vi. 4. 8.1. 9 Sigon. Judic. Cic. 13 Cic. Verr. iii. 58. 
33. ^uin. Kv. i. V. 11). 6 decemvi.i, see p. 122. Caec. 33. Unm. 29. Alur. 12. Q. Rose. 15. 
Suet. Vesp. 10. 7 Suet. Aug. 36. 10 adversario ferebat. Clu. 43. Val. Max ii. 

4 judicia publica, Cic. 8 Plin. Kp. ii. 21. Val. 11 Liv. iii. 2-1. 57. viii. 8 'i. Prob. in Notis. 
Anil. 2. Max. vii.8. I. Quinct. ;^3 Cic. Quill. 15. Gr. 14 I'liiu Ep. iv. 9, 

5 Plin. Ep. i. 18. iv. 21. v. 2. xii. 5. Suet. Au-. ii. 65. 



200 KOMAN ANTIQUITIES. 

viri were not asked, unless both parties subscribed to theni.^ If 
the defendant disapproved of the judge proposed by the plain- 
tiflf, he said, hunc ejero vel nolo.^ Sometimes the plaintiff 
desired the defendant to name the judge."^ 

The judge or judges agreed on by the parties were appointed* 
by the praetor with a certain form answering to tlie nature of the 
action. In these forms the praetor always used the words si 
PARET, i. e. apparet : thus, c. acquilli ; judex esto, si paret, 

FUNDUM CAPENATEM, DE QUO SERVILIUS AGIT CUM CATULO, SERVILII 
ESSE EX JURE QUIRITIUM, NEQUE IS SERVILIO A CATULO RESTITUA-- 

TUR, TUM CATULUM coNDEMNA. But if the defendant made an 
exception, it was added to the form, thus : extra quam si tes- 

TAMENTUM PRODATUR, QUO APPAREAT CATULI ESSE. If the praCtOr 

refused to admit the exception, an appeal might be made to the 
tribunes.^ The praetor, if he thought proper, might appoint 
different judges from those chosen by the parties, although he 
seldom did so; and no one could refuse to act as a judex, when 
required, without a just cause.*^ 

The prajtor next prescribed the number of witnesses to be 
called,'^ which commonly did not exceed ten. Then the parties, 
or their agents,^ gave security ^ that what was decreed would be 
paid, and the sentence of the judge held ratified.^" 

In arbitrary causes, a sum of money was deposited by both 
parties, called compromissum, which word is also used for a 
mutual agreement." 

In a personal action, the procuratores only gave security ; 
those of the plaintiff, to stand to the sentence of the judge ; and 
those of the defendant, to pay what was decreed.^- 

In certain actions the plaintiff gave security to the defendant 
that no more demands should be made upon him on the same 
account.^"^ 

After this followed the litis contestatio, or a short narration 
of the cause by both parties, corroborated by the testimony of 
witnesses.^^ The things done in court before the appointment 
of the judices, were properly said in jure fieri; after that, in 
JUDicio : but this distinction is not always observed. 

After the judex or judices were appointed, the parties warned 
each other to attend the third day after,^^ which was called coiw- 
perendinatio, or condictio.^^ But in a causa with a foreigner, 
the day was called dies status.^^ 

1 Plin. Ep. V. 1. 7 quibus denunciaretur 13 eo nomine a senemi- cium venirent denun- 

a Cic. Oi'. ii. 70. Plin. testimonium. nera amplius vel pos- ciabant. 

Pan. 36. 8 procuratores. tea peiiturum, Cic. 16 Asc. Cic. Fest. Gell. 

3 ut iudicem diceret, 9 satisdabant. Brut. 5. Rose. Com. 1'2. xiv. 2. 

Liv, iii. 56. 10 judicatum solvi et Fan., xiii. ay. 17 Macrob. Sat. i. 16. 

1 dabantur vel aiidice- rem rat;ini haberi. 14 Cic Att. xvi. 15. status condictus cum 

bantur. 11 Cic. Rose. Com. 4. Rosc.Coni.il, 12.18. hoste, i. e. cum pere- 

5 Cic. Acad. Qu;est. iv. Verr. ii. 27. O. Frat. Fest. Macrob. Sat. iii. grino, Cic. Oft. i. Hi. 
30. ii. 15. Fam. xiT. 30. 9. dies, Plaut. Cure. i. U 

6 Suet. Claud. 15. Piin. 1.2 Cic. ()uin. 7. Att. 15 inter se in perendi- 5. Oell xvi. 1. 
£p. iii. 30. X, 66. xvi, 15. nuni diem, ut ad judi- 



JUDICIAL PROCEEDINGS. 



201 



VI. MANNER OF CONDUCTING A TRIAL. 

When the day came, the trial went on, unless the judge, or 
some of the parties, was absent from a necessary cause,^ in which 
case the day was put off.- If the judge was present, he first 
took an oath that he would judge according to law to the best 
of his judgment,^ at the altar,"^ called puteal libonis, or Scribo- 
nianum, because that place, being struck with thunder,^ had 
been expiated "^ by Scribonius Libo, who raised over it a stone 
covering,^ the covering of a vvell,^ open at the top,^ in the forum : 
near which the tribunal of the praetor used to be, and where the 
usurers met. It appears to have been diixerent from the Puteal, 
under which the whetstone and razor of Attius Navius were de- 
posited, in the Comitium, at the left side of the senate-house.^" 

The Romans, in solemn oaths, used to hold a flint- stone in 
their right hand, saying, si sciens fallo, tum me diespiter, 

SALVA URBE ARCEQUE, BONIS EJICIAT, UT EGO HUNG LAPIDEM.^^ 

Meuce, Jovem lapide7njurare, for pe?' Jovem et lopidem. The 
foi-mula of taking an oath we have in Plautus, and an account 
of different forms in Cicero. The most solemn oath of the 
Eomans was by their faith or honour.^^ 

The judex or judices, after having sworn, took their seats in 
the subsellia ; ^^ whence they were called judices pedanei : and 
SEDERE is often put for cognoscere, to judge.^* Sedere is also 
applied to an advocate while not pleading.^^ 

The judex, especially if there was but one, assumed some 
lawyers to assist him with their counsel, ^^ whence they were 
called coNsiLiARii.^^ 

If any of the parties were absent without a just excuse, he 
was summoned by an edict,^^ or lost his cause. If the praetor 
pi'onounced an unjust decree in the absence of any one, the 
assistance of the tribunes might be implored.^^ 

If both parties were present, they were first obliged to swear 
that thev did not carry on the lawsuit from a desire of litiea- 
tion.^" ^ " 

Then the advocates Avere ordered to plead the cause, which 
they did twice, one after another, in two different methods ;^^ 



1 ex morbo vel causa 
sontica, Fest._ 

2 (lifhssus est, i. e. pro- 
latus, Gell. xiv. '2. 

3 ex animi srntentia, 
Cic. Acad.Q. 47. 

4 arain tenens, Cic. 
Flac. 36. 

5 t'ulniine attactus, 

6 piocuralus. 

7 suggestum lapideum 

8 pulpi operculuin, vel 
puteal. 



9 superne apertum. 
Fest. 

10 Hor. Sat. ii. 6. v. 35, 
Ep. i. ly. 8. Cic. Sext 
8. Div. i. 17, Ov. Rem 
Am. 561. Liv. i. 36. 

11 Fest,. in Lapis. 



12 Cic. Fa 
Acad, iv, 47. Liv. 
45. xxii. 53. Gel. i, 
Plaut. Rud. V. 2. 
Dioiiy. ix, 10.48x1 



13 qi) 
toris 



i ad pedes prie- 



11 Plin. Ep. V. 1. vi. 
33. sedere aiiditurus, 
vi, 31. 

15 Plin. Ep. iii. 9. f. 

16 sibi advocavit, ut in 
consilio adessent. Cic. 
Ouin. 2. in consilium 
r(ig:.vit, Gell. xiv. 2. 

17 .Suet. Tib. 33. Claud. 

13 see p. 102. 

19 Ciu. Qiiin. 6. 20. 

20 calumniam juraie, 
ve! de calumnia, ]jiv. 



xxxiii. 49. Cic. Fam. 
viii.8. 1.16. D.dejur. 
quod injuratus in codi- 
cem reterre noluit, sc. 
quia falsuin erat, id jn- 
rare in litem non dubi- 
tet, i. e. id sibi deberi- 
jurejurando confir 
uiare, litis obtiuendsB 
causa, Cic. Rose, Com. 
1. 
21 App. Bell. Civ. L p. 
bC3. 



2i32 ROMAN ANTIQUITIES. 

first briefly, which was called caus.*; conjectic,^ and then in a 
formal oration^ they explained the state of the cause, and 
proved their own chai'ge ^ or defence ^ by Avitnesses and 
writin^s,^ and by arguments drawn from the case itself;^ and 
here the orator chiefly displayed his art.^ To prevent them, 
however, from being- too tedious,^ it was ordained by the 
Pompeian law, in imitation of the Greeks, that they should 
speak by an hour-glass ; ^ a Avater-glass, somewhat like our 
sand-glasses. How many hours were to be allowed to each 
advocate, was left to the judices to determine.^" These glasses 
were also used in the army. Hence dare vel . petere plures 
clepsydras, to ask more time to speak: quoties judico, quantum 
quis plurimum postulat aquce do, I give the advocates as much 
time as they require. The clepsydrcB Avere of a different length ; 
sometimes three of them in an hour.^^ 

Tlie advocate sometimes had a person by him to suggest ^^ 
what he should say, who was called ministrator. A forward 
noisy speaker was called rabula/^ vel proclamator, a brawler or 
wrangler. ^^ 

Under the emperors, advocates used to keep persons in pay ^^ 
to procure for them an audience, or to collect hearers,^^ who 
attended them from court to court,^'^ and applauded them, while 
they were pleading, as a man mIio stood in the middle of them 
gave the word.^^ Each of them for this service received his 
dole,^^ or a certain hire {par merces, usually three denarii, near 
2s. of our money) ; hence they were called LAUDica<,Ni.-" This 
custom was introduced by one Largius Licinius, who flourished 
under Nero and Vespasian ; and is greatly ridiculed by Pliny.^^ 
When a client gained his cause, he used to fix a garland of 
green palm ~- at his lawyer's door. 

When the judges heard the parties, they were said Us 
oPERAiM dare.-^ How inattentive they sometimes were, we learn 
from Macrobius.-^ 



VII. MANNER OF GIVING JUDGMENT. 

The pleadings being ended,^^ judgment Avas given after mid- 
day, according to the law of the Twelve Tables, post meridiem 

1 quasi causae in breve garentur. Bell. G. v. 13, Plin. 18 quum ^eoo^ofoj de- 
coactio, Asc. Cic. 9 ut ad clepsydram di- Ep. ii. 11. vi. 2. dit signum. 

2 justa oratione pero- cerent, i. e. vas vitre- I- qui subjiceret. 19 sportula. 

rabant, Gell. xvii. 2. uin, graciliter fistula- Id a rabie, quasi latra- 20 i. e. qui ob cceuam 

3 actionem. turn, in fundo cujus tor. laudabunt. 

4 inficiationem vel ex- erat foramen, unde 14 Cic. Or. i. 46. ii. 75. 21 Ep. ii. 14. vi. 2. 
ceptionem. aqua guttatim efflueret, Flac. 22. 22 virides palraae, Juv. 

5 testibus et tabulis. alque ita tempus meti- 15 conducti et redempti vii. 1J8. 

6 ex ipsa re deductis, retur, Cic. Or. iii. 34. mancipes. 23 1. 18. pr. D. de jud. 
Cic. Ouin. Rose. Com. 10 Cic. Ouin. 9. Plin. ItJ coronam colligere, 24 Satur. ii. 12. 

Gell. xiv. 2. Ep. i. 20. iv. 9. ii. 11. auditores, v. audituros 25 causa utriiique per- 

7 Cic. Or. ii. 42— 44. 79, J4. i. 23. vi. 2 5. Dia. corrogare. orata. 
SI. Gaus. Corr. Eloq. 38. 17 ex judicio in ji.di- 

8 ne in immensum eva- 11 Veg. iii. 8. Caes. cium. 



JUDICIAL PROCEEDINGS. 203 

PR.ESEXTi (etiamsi unus tantum pr(Esens 5zY),mte>i addicito, i. e 
decidito.^ 

[f there Avas any difficulty in the cause, the judge sometimes 
took time to consider it;^ if, after all, he remained uncertain 
he said/ mihi non liquet, I am not clear. And thus the affair 
■was either left undetermined,* or the cause was again resumed.'^ 

If there were several judges, judgment -was given according 
to the opinion of the majority ; ^ but it was necessary that they 
should be all present. If their opinions "were equal, it was left 
to the praetor to determine.^ Ihe judge commonly retired ^ 
with his assessors to deliberate on the case, and pronounced 
judgment according to their opinion.^ 

The sentence was variously expressed : in an action of free- 
dom, thus, viDERi siBi HUNG HOMiNEM LiBERUJi ; in an action ot 
injuries, videri jure fegisse vel non fecisse ; in actions of con- 
tracts, if the cause was given in favour of the plaintiff, titium 
sEio centum condemno ; if in favour of the defendant, secundum 

ILLUM LITEM DO.-^*^ 

An arbiter gave judgment ^^ thus: arbitror te hoc modo 
SATisFACERE ACTORi DEBERE. If the defendant did not submit 
to his decision, then the arbiter ordered the plaintiff to declare 
upon oath, at how much he estimated his damages,^- and then he 
passetl sentence,^^ and condemned the defendant to pay him 
that sum : thus, centum de quibus actor in litem juravit redde.^^ 

VIII. WHAT FOLLOWED AFTER JUDGMENT WAS GIVEN 

After judgment was given, and the lawsuit was determined,^^ 
the conquered party was obliged to do or pay what was de- 
creed ; ^^ and if he failed, or did not find securities ^^ within thirty 
days, he was given up ^^ by the prffitor to his adversary, ^^ and led 
away '^"^ by him to servitude. These thirty days are called, in 
the Twelve Tables, dies justi; rebus jure judicatis, xxx dies 
justi sunto, post deinde man us injectio esto, in jus ducito."^^ 

After sentence was passed the matter could not be altered : 
hence agere actum, to labour in vain ; actum est ; acta est res ; 
vcrii, ail is over, I am undone ; actum est de me,\ am ruined 
de Servio actum rati, that all was over with Servius, that he was 
slain ; actum (i. e. ratum) habebo quod egeris~' 

1 Gell. xvii. % 7 1. 23. a6. 38. D. de re lo. 19. Liv. vi. 14. 31, &c. 

2 diem d.ffindl, i. e. dif- jud. 15 lite dijudicata. Plaut. Pcen. iii. 3. 94. 
ferri jussi% ut amplius 8 secessit. 16 judicatum facere vel As. v. 2. 87. Gell. xx, 
deliDeraret, Ter.Phor. 9 ex consilii sententia, solvere. 1. 

ii-4. 17. Plin. Ep. V. 1. vi. 31. 17 sponsores velvin- 21 see p. 40. 

3 disit vel juravit, Gell. 10 Val. Max. ii. 8. 2. dices. 22 Cic. Am. 22. Att. ix. 
*'*■• 2. 11 arbitrium pronunci- 13 judicatus. i e. dam- IS. Fam. xiv. 3. Xus. 

4 injudicata.Gell.v.lO. avit. natus et addictus est. iii. 21. Ter. Phor. ii. 2. 

5 secuiida actio institu- 12 quanti '.item aestima- 19 to which custom Ho- It. And. iii. 1. 7. AdeU 
ta est, Cic. Caec. 2. ret. race alludes, Od. iii. 3. iii. 2. 7. Plaut. Pseud. 

6 senteutia lata est de 13 sententiam tulit. 33. i. 1, 83. Liv. i.47.:5uet. 
piarium sententia, 14 1. 18. D. de dolo ma- 2U abductus, Cic. Flac Ner. 42. 



S04 ROMAN ANTIOUniES. 

In certain cases, especially when any mistake or fraud had 
been committed, the prastor reversed the sentence of the judges,^ 
in Avhich case he was said damnatos in integrum restituere, or 
judicia restituere.^ 

After the cause was decided, the defendant, when acquitted, 
might bring- an action against the plaintiff for false accusation : ^ 
hence, calumnia litium, i. e, lites per calumniam intentfP^ unjust 
lawsuits; calumniarum metum injicere, of false accusations; 
ferre calumniam, i. e. calumnies convictum esse, vel calumnies 
damnari aut de calumnia ; calumniam non effugiet, he will not 
fail to be condemned for false accusation ; ^ injuries existunt 
CALUMNIA, i. e. callida et malitiosa juris intei'pi'etatione ; calum- 
nia timoris, the misrepresentation of fear, which always imagines 
things worse than they are ; caliannia religionis, a false pretext 
of; calumnia dicendi, speaking to waste the time; calumnia 
paucorum, detraction.^ So calumniari, falsam litem intendere, 
et calumniator, &c. 

There was also an action against a judge, if he was suspected 
of having taken money from either of the parties, or to have 
wilfully given wrong judgment.'' Corruption in a judge was, 
by the law of the Twelve Tables, punished Avith death ; but 
afterwards as a crime of extortion.^ 

If a judge, from partiality or enmity,^ evidently favoured 
either of the parties, he was said litem suam facere. Cicero 
applies this phrase to an advocate too keenly interested for his 
client.^ In certain causes the assistance of the tribunes was 
asked.^" As there was an appeal ^^ from an inferior to a superior 
magistrate, so also from one court or judge to another.^^ The 
appeal was said admitti, recipi, non recipi, repudiari : he to 
whom the appeal was made, was said, de vel ex appellations 

COGNOSCERE, JUDICARE, SENTENTIAM DIGERE, PRONUNGIARE APPELLA- 
TIONEM JUSTAM VCl INJUSTAM ESSE. 

After the subversion of the republic, a final appeal was made 
to the emperor, both in civil and criminal aifairs, as formerly,^^ 
to the people in criminal trials.^* At first this might be done 
freely,^^ but afterwards under a certain penalty.^^ Caligula pro- 
hibited any appeal to hini.^^ Nero ordered all appeals to be 
made from private judges to the senate, and under the same 
penalty as to the emperor : so Hadrian.^^ Even the emperor 

1 rem judicatam resci. i. 10. Fam. i. 1. vi. 7 12 ab infeiiore ad supe- lutumque poena fuerat. 
dit. Att. iv. 3. Acad. iv. 1.. rius tribunal, vel ex 16 Tac. Ann. xiv. 28. 

2 Cic Verr. ii. 26. v. 6. 6 dolo nialo vel imperi- minore ad majorem ju- 17 niagistratibus libe- 
Clu. 36. ler. Plior. ii. tia, dicem, pitetextu iniqui ram jurisdictioneni, et 
4. 11. 7 repetundarum. gravarainis, of a grie- sine sui provocatione 

3 actorem calumnia 8 gratia vel inimicitia. vance, vel injustse sen- concessit, Suet. (Jal 16. 
postulare, Cic. Clu. 31. 9 Or. ii. 75. Uip. Gell. tentiae, Ulp, 18 ut ejusdeni pecunia 

4 Cic. Mil. 27. Clu. Sy. x. 1. 13 provociuio. periculum facerent, cu. 
Fam. viii. 8. Gell.xiv. 10 tribuni appellaban- 14 Suet. Aug. 33. Oio. jus ii, qui imperatorera 
2. Suet, Ca=s, 20. Vit. tur, Cic. Oiiin. 7. 20. Hi. 33. Act. Apos. xxv. appellavere, Tac. ibid. 
7. Dom. 9. 11 appellatio, Liv. iii. 11. Suet. Caes. 12. Suet. Ner. 17. Dig. 

5 Sail. Gat.3fl.Cic. Off. 56. 15 ar.tea vacuum id so- xliv. 2. 3. 



JUDICIAL PROCEEDINGS. 205 

might be requested, by a petition/ to review his own de- 
cree.^ 

II. CRIMINAL TRIALS, PUBLICA JUDICIA. 

Criminal trials were at first held ^ by the kings, with the assis- 
tance of a council.* The king judged of great crimes himseltj 
and left smaller crimes to the judgment of the senators. 

Tulius Hostilius appointed two persons ^ to ti^y Horatius for 
killing his sister,'' and allowed an appeal from their sentence to 
the people. Tarquinius Superbus judged of capital crimes by 
himself alone, without any counsellors.^ 

After the expulsion of Tarquin, the consuls at first judged 
and punished capital crimes.^ But after the law of Poplicola 
concerning the liberty of appeal,^ the people either judged 
themselves in capital affairs, or appointed certain persons for 
that purpose, Avith the concurrence of the senate, who were 
called QU.^isiTOREs, or qucestores parricidii.^^ Sometimes the 
consuls were appointed ; sometimes a dictator and master of 
horse,^^ who were then called qu.esitores. The senate also some- 
times judged in capital affairs, or appointed persons to do so.^ 
But after the institution of the qucBstiones perpetuce}^ certain 
pragtors always took cognizance of certain crimes, and the senate 
or people seldom interfered in this matter, unless by way of 
appeal, or on extraordinary occasions. 

I. CRIMINAL TRIALS BEFORE THE PEOPLE. 

Trials before the people ^^ were at first held in the Comitia 
Curiata. Of this, however, we have only the example of Hora- 
tius.i^ 

After the institution of the Comitia Centuriata and Trihuta, 
all trials before the people were held in them; capital trials in 
the Comitia Centuriata, and concerning a fine, in the Tributa. 

Those trials were called capital, which respected the life or 
liberty of a Roman citizen. There was one tx-ial of this kind 
held in the Comitia by tribes; namely, of Coriolanus, but that 
was irregular, and conducted with violence.^^ 

Sometimes a person was said to undergo a capital trial,^^ in a 
civil action, when, besides the loss of fortune, his character was 
at stake.^^ The method of proceeding in both Comitia was the 
same ; and it was requisite that some magistrate should be the 

I libello. 6 qui Horatio perdnel- 12 Sail. Cat. 51, 52. Lir. 17 periculum capitis 

<i sententiam suam re- lioiism judic ireut. ix. 2t). aciire, causam capitis 

tractare. 7 Liv. i. 26. 49. 13 ^ee p. 105. vel pro capite dicere. 

8 cxercebantur. 8 Liv. ii. 5. Diony. x. ]. 11 judicia ad populum. 18 cum judicium esset 

4 rum consilio. Liv. i. 9 see p. 92. 15 Cic. Mil. 3. de fama fo.tunisqup, 
49. Diony. ii. H. 10 see p. 101. 16 Liv. ii. 35. Diony, Cic. Ouin. 9. \o. 15. 

5 dumiviri. U Liv. iv. ol. Ix. 23. vli, 38, &c. Oti, 1712. 



206 ROMAN ANTIOUITIKS. 

accuser. In the Comitia Tributa, the inferior magistrates were 
usually the accusers, as the tribunes or sediles. In the Comitia 
Centuriata, the superior magistrates, as the consuls or prastors, 
sometimes also the inferior, as the qusestors or tribunes.^ But 
they are supposed to have acted by the authority of the consuls. 

No person could be brought to a trial unless in a private sta- 
tion. But sometimes this rule was violated.^ 

The magistrate who was to accuse any one, having called an 
assembly, and mounted the rostra, declared that he would, 
against a certain day, accuse a particular person of a particular 
crime, and ordered that the person accused^ should then be 
present. This was called digere diem, sc. accusationis, vel diet 
dictio. In the meantime the criminal was kept in custody, un- 
less he found persons to give security for his appearance,* who, 
in a capital trial, were called vades,^ and for a fine, PR.i:DEs ;*" 
thus, prcEstare aliquem, to be responsible for one ; ego Messalam 
CcBsari prajstaboJ 

When the day came, the magistrate ordered the criminal to 
be cited from the rostra by a herald.^ If the criminal was 
absent without a valid reason,^ ne was condemned. If he was 
detained by indisposition or any other necessary cause, he was 
said to be excused,^" and the day of trial was put off.^^ Any 
equal or superior magistrate might, by his negative, hinder the 
trial from proceeding. If the criminal appeared,^- and no 
magistrate interceded, the accuser entered upon his charge,^'^ 
which was repeated three times, with the intervention of a day 
between each, and supported by witnesses, writings, and other 
proofs. In each charge the punishment or fine was annexed, 
which was called anquisitio. Sometimes the punishment at 
first proposed was afterwards mitigated or increased. ^^ 

The criminal usually stood under the rostra in a mean garb, 
where he was exposed to the scoffs and railleries ^^ of the people. 

After the accusation of the third day was finished, a biiP'* 
was published for three market-days, as concerning a law, in 
which the crime and the proposed punishment or fine was ex- 
pressed. This was called mulct.e pcEN-iiVE irrogatio ; and the 
judgment of the people concerning it, mulct.e pcen/eve certatio.^^ 
For it was ordained that a capital punishment and a tine should 
never be joined together.^^ 

J Liv. ii. 41. iii. 24, 25. 6 Gell. vii. 19. Aiis. vel se sisteretur. cuted Fulvius for 

55. iv. 21. vi. 20. Val. Eid. 347, a pr2estando, 13 accusationem insti- treason, Liv. xxvi. 3. 

Max. vi. 1. 7. Gell. x. Varr. iv. 4. tuebat. 15 probris et conviciis, 

6. _ 7 Cic. O. Fr. i. 1. 3. ]4 in mul'.ta tempera- ibid. 

W Cic. Flacc. 3. Liv, iii. '8. Att. vi. 3. Plln. runt tribuni; quum 16 rogatio. 

xliii. 16. Pan.83. capitis anquisissent, 17 Cic. Legg. iii. 3. 

3 reus. 8 Liv. xxxviii. 51. Suet. Liv. ii. 55. quum tri- 18 ne poena capitis cum 

4 sponsores eum in ju- Tib. II. bunus bis pecuiiia an- pecunia conjungeretur, 
dicio ad diem dictam 9 sine causa sonllca. quisisset; tertio se ca- Cic. Dom. 17. tribuni 
sistendi, aut mulctam, 10 excusari, Liv. ib. 53. pilis anquirere diceret, plebis, omissa mulcts 
qua dainuatus esset, 11 dies prodictus vel &c. turn perduellionis certatione, rei capita- 
Bolvendi. productus est. ss judicare Cn. Fulvio lis Posthumio dijce. 

i> Liv. iii. 13. XXV. 4. 12 si reus se stitisset, dixit, that he prose- runt, Liv. xxv. 4. 



JUDICIAL PROCEEDINGS. 207 

On the tliii'd market-day, the accuser again repeated his 
cliarg-e ; and the criminal, or an advocate ^ for him, was per- 
mitted to make his defence, in which every thing was intro- 
duced which could serve to gain the favour of the people, or 
move their compassion.^ Then the Comitia were summoned 
against a certain day, in which the people, by their suffrages, 
should determine the fate of the criminal. If the punishment 
proposed was only a fine, and a tribune the accuser, he could 
summon the Comitia Tributa himself; but if the trial was 
capital, he asked a day for the Comitia Centuriata from the 
consul, or, in his absence, from the prsstor. In a capital trial 
the people were called to the Comitia by a trumpet."^ 

The criminal and his friends, in the mean time, used every 
method to induce the accuser to drop his accusation.* If he did 
so, he appeared in the assembly of the people, and said, 
SEMPRONiu.Ai TviHiL MOROR. If this could not be effected, the 
usual arts were tried to prevent the people from voting, or to 
move their compassion.^ 

The criminal, laying aside his usual robe,^ put on a sordid, 
i. e. a ragged and old gown,'^ not a mourning one,^ as some 
have thought ; and in this garb went round and supplicated the 
citizens ; Avhence sordes or squalor is put for guilt, andsordidaii 
or squalidi for criminals. His friends and relations, and others 
Avho chose, did the same.^ When Cicero was impeached by 
Clodius, not only the equites, and many young noblemen of 
their onn accord,^" but the whole senate, by public consent,^^ 
changed their habit ^- on his account, which he bitterly com- 
plains was prohibited by an edict of the consuls. ^-^ 

The people gave their votes in the same manner in a trial as 
in passing a law.^^ 

If any thing prevented the people from voting on the day of 
the Comitia, the criminal was discharged, and the trial could 
not again be resumed.^^ Thus Bletellus Celer saved Rabirius 
from being condemned, who Avas accused of the murder of 
Saturnius forty years after it happened, by pulling down the 
standard, Avhich used to be set up in the Janiculum,^° and thus 
dissolving the assembly.^^ 

If the criminal was absent on the last day of his trial, when 
cited by the herald, he anciently used to be called by the sound 
of a trumpet, before the door of his house, from the citadel, and 
round the Avails of the city.^^ If still he did not appeal', he was 

1 patronus. 75. 11 publico consilio. ant auspiciis aut ex- 

52 Cic. Rab. Liv. iii. 12. 6 toga alba. 12 vestem mutiibaut, ib. cusatione sustulit, to- 

58. 7 sordidam et obsile- 11, 12. ta causa judlciunique 

3 classico, Sen. Ira, i. tain, Liv. ii. 61. Cie. lo c. 14. Pis. S. 18. subUtum est, Cic. 
16. Liv. xxvi. 3. xliii. Verr. i. 58. post red. Sen. 7. Dio. Dom. 17. 

16. 8 puUam vel atram. xxxvii. 16. 16 see p. 71. Cic. Rah. 

4 accusatione desistere. 9 Liv. iii. 58. Clc. Scxt. 14 see p. 77, 78. Liv. 17 Dio. xxxvii. 27. 

5 Liv. iv. 4-i. vi. 5. 20. 14. xxv. 4. IS Varr. L. L. v. t). 
Well. iii. 4. see p. 74, 10 privato consensu, 15 si qua res ilium diein 

s 2 



208 ROMAN ANTIQUITIES. 

banished;^ or if he fled the country through fear, his banish- 
ment was confirmed by the Comitia Tributa.^ 

II. CRIMINAL TRIALS BEFORE INQUISITORS. 

Inquisitors ^ were persons invested with a temporary autliority 
to try particular crimes. They were created first by tlie kings, 
then by the people, usually in the Comitia Tributa, and some- 
times by the senate. In the trial of Rabirius, they Avere, con- 
trary to custom, appointed by the praetor.* Their number varied. 
Two Avere usually created,^ sometimes three, and sometimes 
only one. Their authority ceased when the trial was over.^ 
The ordinary magistrates were most frequently appointed to be 
inquisitors ; but sometimes also private persons. There was 
sometimes an appeal made from the senten<;e of the inquisitors 
to the people, as in the case of Rabirius. Hence, dfferre judi- 
cium a suhselliis in rostra, i. e. a judicibus ad populumJ 

Inquisitors had the same authority, and seem to have con- 
ducted trials with the same formalities and attendants, as the 
prietors did after the institution of the quiBstiones jjerpttudsJ' 

III. CRIMINAL TRIALS BEFORE THE PR^TORS. 

The prffitors at first judged only in civil causes; and only two 
of them in these, the prretor Urbanus and Peregrinus. The 
olher prffitors Avere sent to govern provinces. All criminal trials 
of importance Avere held by inquisitors created on purpose. But 
after the institution of the qudestiones perpetuce, A. U. 604, all 
the prastors remained in the city during the time of their otfice. 
After their election they determined by lot their difierent juris- 
dictions. Two of them took cognizance of private causes, as 
formerly, and the rest presided at criminal trials ; one at trials 
concerning extortion, another at trials concerning bribery, &c. 
Sometimes there Avere two prastors for holding trials concerning 
one crime; as, on account of the multitude of criminals, con- 
cerning violence. Sometimes one prastor presided at trials 
concerning two different crimes ; and sometimes the prretor 
peregrinus held criminal trials, as concerning extortion ; ^ so 
also, according to some, the praetor urbanus. 

The praetor was assisted in trials of importance by a council 
of select judices or jurymen ; the chief of Avhom Avas called 
JUDEX Qu.'ESTioNis, or pHnceps judicum. Some have thought 
this person the same Avith the praetor or quassitor ; but they Avere 

1 exilium ei scisceba 26. xxxviii. 54. xlifi. 2. Mil. see p. 104, 105. sitores AHrgil alludes, 
tur. l)io. xxxvii. 27. Suet. 7 Liv. passim. Suet. Mn- vi. 4^^. Asc. ac- 

2 see p. S3. Cjes. \Z. Caes 11. Dio. xxxvii. tion. Vcrr, 

3 quisitores. S duumviri, Liv. vi. 20. 27. Cic. Clu. 6. 9 Cic. Clu. 53. Coel. 13. 

4 Liv. i. 21). iv. 51. ix. 6 Siill. Jug.lO.Asc.Cic, 8 to the office of qu;e- Asc. tog. caiid. 2. 



JUDICIAL PROCEEDINGS. 209 

quite diiTerent.^ The Judex qucBstionis supplied the place of tlie 
praetor when absent, or too much engaged. 

1. CHOICE OF THE JUDICES OR JURY. 

The JUDICES were at first chosen only from among the senators ; 
then, by the Sempronian law of C. Gracchus, only from among 
the equites ; afterwards, by the Servilian law of Ceepio, from 
both orders ; then, by the Glaucian law, only from the equites ; 
by the Livian law of Drusus, from the senators and equites : 
but, the laws of Drusus being soon after set aside by a decree of 
the senate, the right of judging was again restored to the equites 
alone : then, by the Plautian law of yilvanus, the judices were 
chosen from the senators and equites, and some of them also 
from the plebeians ; then, by the Cornelian law of Sylla, only 
from the senators ; by the Aurelian law of Cotta, from the sena- 
tors, the equites, and trihuni (Brarii : by the Julian law of Casar, 
only from the senators and equites ; and by the law of Antony, 
also from the officers of the army.- 

The number of the judices was different at different times : by 
the law of Gracchus, 300; of Servilius, 450; of Drusus, 600; of 
Plautius, 525 ; of Sylla and Cotta, 300, as it is thought ; of 
Pompey, 3G0. Under the emperors, the number of judices was 
greatly increased.^ 

By the Servilian law it behoved the judices to be above 
thirty, and below sixty years of age. By other laws it was re- 
quired that they should be at least twenty-five ; * but Augustus 
ordered that judices might be chosen from the age of twenty.^ 

Certain persons could not be chosen judices, either from some 
natural defect, as the deaf, dumb, &c. ; or by custom, as women 
and slaves ; or by law, as those condemned upon trial of some 
infamous crime ; ^ and, by the Julian law, those degraded from 
being senators ; whicli was not the case formerly.'' By the 
Ponipeian law, the judices were chosen from among persons of 
the highest fortune. 

The judices were annually chosen by the prastor urbanus or 
peregrinus, according to Dion Cassius, by the quaestors, and 
their names written down in a list.^ They swore to the laws, 
and that they would judge uprightly to the best of their know- 
ledge.^ The judices were prohibited by Augustus from entering 
the house of any one.^*^ They sat by the praetor on benches, 



I Cic. & Asc. Clu. 27. 


3 CicFam, vlii.8. Pa- 


6 turpi et famoso judi- 


8 in album relata, vel 


33. 58. Verr. i. bl. 


tercii. 76. PliM.xxxiii. 


cio, e. g. caluinniae, 


albo descripta, Suet. 


Quin. viii. 3. 


], 


pr;EV-.ricatii.nis, furti, 


Tib. 51. Claud, lb. 


2 see Manutius de Lej. 


4 D. 4. 8. 


vi boiioruin raptorum. 


Dom. 4. Sen.Bpn.iii.7. 


for Sigonius, and Hei- 


5 a vicesimo all 'git. 


injuriarum, de dolo 


Gell. xiv.5. Dion Cas. 


Ji^ccms, who copies 


Suet. Aug. 32. as tl.H 


malo, pro socio, nian- 


xxxix. 7. 


l;iiii, give a wrons; «c- 


best commentiUoro read 


dati, tutelic, deposit!. 


9 de animi senlentia. 


coint ol thia matter. 


the passau'e. 

S 


7 Cic. Clu. 43. see p. 5. 

3 


10 Die. liv. 18. 



21(3 ROMAN ANTIQUITIES. 

whence they were called his assessores, or consilium, and con- 
SEssoREs to one another.^ 

The judices were divided into deguri.e, according- to their 
different orders ; thus, deguria senatoria judigum, tertia. Au- 
gustus added a fourth decuria^ (because there were three be- 
fore, either by the law of Antony, or of Cotta,) consisting' ot 
persons of an inferior fortune, who Avere called ducenarii, be- 
cause they had only 200,000 sesterces, the half of the estate ot 
an eques, and judged in lesser causes. Caligula added a fifth 
decuria. Galba refused to add a sixth decuria, although strongly 
urged by many to do it."^ 

The office of a judex was attended with trouble, and therefore, 
in the time of Augustus, people declined it ; but not so after- 
wards, when their number was greatly increased.* 

2. ACCUSER in a criminal trial. 

Any Roman citizen might accuse another before the prastor. 
But it was reckoned dishonourable to become an accuser, unless 
for the sake of the republic, to defend a client, or to revenge a 
father's quarrel. Sometimes young noblemen undertook the 
prosecution of an obnoxious magistrate, to recommend them- 
selves to the notice of their fellow-citizens.^ 

If there was a competition between two or more persons, who 
should be the accuser of any one, as between Cicero and Caeci- 
lius Judaeus, which of them should prosecute Verres, who had 
been proprietor of Sicily, for extortion, it was determined who 
should be preferred by a previous trial, called divinatio; be- 
cause there was no question about facts, but the judices, without 
the help of witnesses, divined, as it were, what was fit to be 
done.*' He Avho prevailed acted as the principal accuser;^ 
those Avho joined in the accusation,^ and assisted him, were 
called subscriptores ; hence, subscribere judicium cum aliquo, 
to commence a suit against one.^ It appears, however, there 
were public prosecutors of public crimes at Rome, as in Greece.^" 

Public informers or accusers " were called quadruplatores,^"^ 
either because they received as a reward the fourth part of the 
criminal's effects, or of the fine imposed upon him; or, as others 
say, because they accused persons, who, upon conviction, used to 
be condemned to pay. fourfold; ^'^ as those guilty of illegal usury, 
gaming, or the like.^^ But mercenary and false accusers or 
litigants ^^ chiefly were called by this name, and also those 

1 Cic. Act. Ver. 10. et Pliii. ibid. subscribebant. rum crimimim. 
Fill. ii. 19. Sen. Ben. 5 Cic. OH', ii. 14. Div. 9 Cic. Ga;c. 15. Mur. 12 Cic. Ven. ii. 8, 9. 
iii. 7. Gell. xiv. 2. 20. Veir. i 38. ii. 47. 24. Fam. viii. 8. O. 13 quadrupli damnari. 

2 Cic. Clu.37. Phil. i. 8. GceI. vii. 30. .Siiet. Jul. Fiat. iii. 4. Plin. Ep. 14 Cic. Caec. 7. 22. et 
Verr. ii. 32. Suet. 32. 4. Piut. Luc. princ. v. 1. ibi Asc. Paulus apud 
Plin. xxxiii.7. 6 Cic. Ciec. 20. Asc. 10 Cic. Sext. Rose. 20. Fest. Tac. Ann. iv. 20. 

3 Sui^t. 14. 16. Plin. Cic. Gell. ii. 4. L^gg. iii. 47. Plin. Ep. 15 calumniatores, Cic. 
xy.xlii. 1. s. 8. 7 accusatoi-. lii. 9. iv. !). Verr. ii. 7—9. Phiut. 

4 Cic. Verr. i. 6. Suet. S causx vel accusutioni 11 dol.itores publico- Pcrs. i. fi. 10. 



JUDICIAL PROCEEDINGS. 211 

judges who, making- themselves parties in a cause, decided in 
tlieir OAvn favour.^ Seneca calls those who for small favours 
sought great returns, qiiadruplatores beneficiorum suorum, over- 
rating or overvaluing them.^ 

3. MANNER OF MAKING THE ACCUSATION. 

The accuser summoned the person accused to court,^ where 
he desired * of the inquisitor that he might be allowed to pro- 
duce his charge,^ and that the praetor would name a day for that 
purpose; hence, postulare aliquem de crimine, to accuse; libel- 
Lus posTULATioNUM, a Avriting containing the several articles of a 
charge, a libel.^ This postidatio or request was sometimes made 
in the absence of the defendant. There Avere certain days on 
which the praetor attended to these requests, when he was said 

POSTULATIONIBUS VACARe/'' 

On the day appointed, both parties being present, the accuser 
first took^ a solemn oath, that he did not accuse from malice,^ 
and then the charge was made ^" in a set form : thus, dico, vel 

AlO, TE IN PR^TURA SPOLIASSE SICULOS, CONTRA LEGEM CORNELIAM, 
ATQUE EO NOMINE SESTERTIUM MILLIES A TE REPETO.^^ If tile 

criminal was silent, or confessed, an estimate of damages was 
made out,^^ and the afiair was ended ; but if he denied, the 
accuser requested ^^ that his name might be entered in the roll 
of criminals,^* and thus he was said reum facere, lege v. legibus 
interrogare, postulare : mulctam auf poenam petere et repetere. 
These are equivalent to nomen deferre, and different from ac- 
cusare, which properly signifies to substantiate or prove the 
charge, the same with causam agere, and opposed to defendere}^ 
If the prcBtor allowed his name to be enrolled, for he might 
refuse it,^^ then the accuser delivered to the prjetor a scroll or 
tablet,^'^ accurately written, mentioning the name of the defend- 
ant, his crime, and every circumstance relating to the crime, 
which the accuser subscribed,^^ or another for him, if he could 
not write; at the same time binding himself to submit to a cer- 
tain punishment or fine, if he did not prosecute or prove his 
charge. ^^ 

There were certain crimes which were admitted to be tried in 
preference to others,^" as, concerning violence or murder. And 
sometimes the accused brought a counter charge of this kind 
against his accuser, to prevent his own trial.-^ Then the praetor 



1 qui in suam rem litem 


6 Cic. 


. Fam. viii. 6. 


mabatnr. 


Ifi Cio. Fam. viii. 8. 


verterent; intercep- 


Plin. 


Ep. X. 85. 


13 ,».stulavit. 


17 libellus. 


tiires lilis alienai, qui 


7 Cic, 


. Frat. iii. 1, 5. 


]-!■ nt nomen inter veos 


18 Plin. Ep. i. 20. V. 1. 


sibi controversiosani 


Plin. 


Ep. vii. 33. 


reciperetur, i. e. ut in 


19 cavebat se m cri- 


adjudicnrent rem, Liv. 


8 on, 


cinii-bat. 


tabulam inter reos re- 


mine porsevpraturum 


i.i. 7a Cic. Csc '23 


9 oak 


.nn.iam jurab.t. 


ferretur. 


nsque aU sententiam. 


2 Ben. vii. 25. 


10 del 


atio nominis lie- 


15 Quin. V. 13. 3. Cic. 


ii) extra ordinem, Plin 


3 in jus vocabat. 


hat. 




Coel. 3. Dio. xxxix. 7. 


Ep. iii. 9. 


4 postulabat. 


11 Ci. 


•. CcEC. 5. 


Di'r. 1. lU. de jure pa- 


21 Cic. Kam. viii. 8 


6 iiuineu (lefeiTC. 


ii lis 


ei vcl ejus ?r,sri- 


tron. 


Dm. xxxix. IS. 



212 ROMAN ANTIQUITIES. 

appointed a certain day for the trial, usually the tenth day 
after. Sometimes the thirtieth, as by the Licinian and Julian 
laws.^ But in trials for extortion, the accuser required a longer 
interval. Thus, Cicero was allowed 110 days, that he might go 
to Sicily, in order to examine witnesses, and collect facts to 
support his indictment against A^erres, although he accomplished 
it in fifty days.- In the mean time, the person accused changed 
his dress,^ and sought out persons to defend his cause. 

Of defenders,* Asconius mentions four kinds; patroni, vel 
oratores, who pleaded the cause ; advocati, who assisted by their 
counsel and presence, the proper meaning of the word; pro- 
curatores, who managed the business of a person in his 
absence ; and cognitores, who defended the cause of a person 
when present. But a cognitor might also defend the cause of a 
person when absent; hence put for any defender.^ The jorocM- 
ratores, however, and cognitores, were used only in private 
trials, the patroni and advocati also in public. Before the civil 
wars, one rarely employed more than four patrons or pleaders, 
but afterwards often twelve.^ 

4. manner of conducting the trial. 

On the day of trial, if the praetor could not attend, the mattes- 
was put off to another day. But if he was present, both the 
accuser and defendant were cited by a herald. It the defendant 
was absent, he was exiled. Titus, Verres, after the first oration 
of Cicero against him, called actio prima, went into voluntary 
banishment; for the five last orations, called libri in Verrem, 
Avere never delivered. Verres is said to have been afterwards 
restored by the influence of Cicero, and, what is remarkable, 
perished together with Cicero in the proscription of Antony, on 
account of his Corinthian vessels, which he would not part with 
to the triumvir.^ 

If the accuser was absent, the name of the defendant was 
taken from the roll of criminals.^ But if both were present, the 
judices or jury Avere first chosen, either by lot or by naming,'' 
according to the nature of the crime, and the law by Avhich it 
was tried. If by lot, the prastor or judex qusestionis put into an 
urn the names of all those who were appointed to be judices for 
that year, and then took out by cliance ^^ the number which the 
law prescribed. After which the defendant and accuser were 
allowed to reject ^^ such as they did not approve, and the px*aitor 
or judex quasstionis substituted^- others in their room, till the 
legal number was completed.^^ 

1 Cic. Q. Fiat. ii. 13. 5 Liv. ii. 55. xxxix. 5. 7 Asc. Veir. Clc, Sen. edltionem. 

Vat. i4. Asc. Corn. Asc. Div. Ciec. 4. Fest. Suas. vi. G.PJin. xxxiv. 10 sorte educebat. 

2 Asc. Inc. Cic. Verr. Cic. Verr. 2. 43. Rose. 2. Lactant. ii. 4. 11 rejicere. 

Act. prim. 3. Coin. 18. Hor. Sat. ii. 8 de leis exeniptiim est, Vl subsortiebaliir. 

3 seep. 73. 5. v. 28. Asc. (ic. 13 Cic. Verr, Ail. i. 7, 
i delensores. 6 A = Ct Gic, Scaus. 9 per sortitionem vel Asc, Cic» 



JUDICIAL PROCEEDINGS. 213 

Sometimes the law allowed the accuser and defendant to 
choose the judices, in which case they were said judices edere, 
and the judices were called edititii. Thus, by the Servilian laAV 
of Glaucia against extortion, the accuser v,as ordered to name 
from the whole number of judices a hundred, and from that 
hundred the defendant to choose fifty. By the Licinian law, 
de sodalitiis, the accuser was allowed to name the jury from the 
people at large. ^ 

The judices or jury being thus chosen, were cited by a herald. 
Those who could not attend, produced their excuse, which the 
priEtor might sustain ^ or not, as he pleased. 

When they were all assembled, they swore to the laws, and 
that they would judge uprightly ; hence called jurati homines. 
The prffitor himself did not swear.^ Then their names were 
marked down in a book/ and they took their seats.^ 

The trial now began, and the accuser proceeded to prove his 
charge, which he usually did in two actions.^ In the first ac- 
tion, he produced his evidence or proofs, and in the second he 
enforced them. The proofs were of three kinds, the declarations 
of slaves extorted by torture (qu.estiones), the testimony of free 
citizens (testes), and writings (tabule). 

]. Qu.ESTiONEs. The slaves of the defendant were demanded 
by the prosecutor to be examined by torture in several trials, 
chiefly for miu'der and violence. But slaves could not be ex- 
amined in this manner against their master's life,'^ except in the 
case of incest, or a conspiracy against the state. Augustus, in 
order to elude this law, and subject the slaves of the criminal to 
torture, ordered that they should be sold to the public, or to 
himself; Tiberius, to the public prosecutor;^ but the ancient law 
was afterwards restored by Adrian and the Antonines. 

The slaves of others also were sometimes demanded to be 
examined by torture ; but not without the consent of their mas- 
ter, and the accuser giving security, that if they were maimed 
or killed during the torture, he would make up tiie damage.^ 

When slaves were examined by torture, they were stretched 
on a machine, called eculeus, or equuleus, having their legs and 
arms tied to it with ropes,^" and being raised upright, as if sus- 
pended on a cross, their members were distended by means of 
screws,^^ sometimes till they were dislocated.^^ To increase the 
pain, plates of red-hot iron,^^ pincers, burning pitch, &c. were 
applied to them. But some give a different account of this 
matter. 

1 Cic. Mur. 23. Plane. tur. 8 mancipari public.) ac- 62. Cal. 33. 
■5.17. 5 Eubsellia occupabant, tori jubet, Dio. Iv. 5. 11 per cochleas. 

2 accipere, Cic. Phil. V. Asc. Verr. act. i. 6. Tac. Ann. ii. 30. iii. 12 lit ossiura cnmp<i!ro 
6. 6 (luabus actiunibus. 67. D. xlviii. 18. de resolveretur; hence 

3 Cic. Rose. Am. 3. 7 in caput dnmini. Cic. Qua:st. eculeo longior factus. 
Act Verr. 9. 13. Top. 34. \A\. 22.nejot. 9 ibid. Sen. Ep. 8. 

4 libollis consignaban- 1, 10 fidiculis. Suet. Tib. 13 lamina; candentes. 



214 ilOMAN ANTIQUITIES. 

The confessions of slaves extorted by the rack, were written 
down on tables, which they sealed up till they were produced in 
court. Private persons also sometimes examined their slaves by 
torture.^ Masters frequently manumitted their slaves, that they 
might be exempted from this cruelty ; for no Roman citizen 
could be scourged or put to the rack. But the emperor Tiberius 
subjected free citizens to the torture.^ 

2. Testes. Free citizens gave their testimony upon oath.^ 
The form of interrogating them was, sexte tempani, qu.ero ex 
TE, arbitrerisne, C. Sempromum in tempore pugnam inisse ? * 
The witness answered, arbitror vel non arbitror.^ 

Witnesses were either voluntary or involuntary.^ With re- 
gard to both, the prosecutor ^ was said, testes dare, adhibere, 
citare, colligere^ edere, proferre, subornare, \e\ producerb ; tes- 
TiBus UTi. With regard to the latter, iis testimonium denunciarb, 
to summon them under a penalty, as in England by a writ 
called a subp(ena, invitos evocare. The prosecutor only was 
allowed to summon witnesses against their will, and of these a 
different number by different laws, usually no more than ten.^ 

Witnesses Avere said testimonium dicere, dare, perhibere, 
jprcsbere, also pro testimonio audiri. The phrase depositiones 
testium is not used by the classics, but only in the civil law. 
Those previously engaged to give evidence in favour of any 
one were called alligati ; if instructed what to say, subcrnati.* 
Persons might give evidence, although absent, by writing-; ^" but 
it was necessary that this should be done voluntarily, and before 
witnesses.^^ The character and condition of witnesses were par- 
ticularly attended to.^- No one Avas obliged to be a witness 
against a near relation or friend by the Julian law,^^ and never ^* 
in his own cause.^^ 

The witnesses of each party had particular benches in the 
forum, on which they sat. Great dexterity was shown in inter- 
rogating- witnesses.^*^ 

Persons of an infamous character were not admitted to g-ive 
evidence,^^ and therefore Avere called intestabiles,^^ as those 
likcAvise Avex-e, Avho being- once called as Avitnesses,^^ afterwards 
refused to give their testimony. Women anciently Avere not 
admitted as Avitnesses, but in aftertimes they were.-'' 

A false Avitness, by the law of the TavcIvc Tables, Avas throAvn 
from the Tarpeian rock, but afterwards the punishment Avas 



1 Cic. Mil. 22.0111.63. 66. 


V. 63. Rose. Am. 36. 


10 per tabulas. 


Don. Ter. Eun. iv. 4. 


2 Liv. viii. 15.Cic.Mil. 


33. Kin. i'u 19. Juv. 


11 prxsentibus signato- 


V. 33. 


21. Verr. v. 63. Diu. 


xvi. 29, &c. Plin. Ep. 


ribus, Quin. v. 7. 


17 testes non adliibili 


Ivii. J9. 


iii. 9. V. 20. vi. 5. Val. 


12 diligenter expende- 


sunt. 


3 jurat!. 


Max. viii. 1. Front, de 


bantur, Cic. Flacc. 5. 


18 Plaut. Cure. i. 5. v. 


4 Liv. iv. 40. 


Limit. 5. Quin. v. 7. 9. 


13 1. 4. D. de Testib. 


30. Hor. Sat. ii. 3. v. 


5 Cic. Acad. iv. 47. 


D. de Test. 


14 moremajorum. 


ISLGell.vi. 7.vii.l8. 


Font. 9. 


9 Cic. Frat. il. 3. Kojc. 


15 de re sua, Cic. Rose. 


19 anlestati, v. in testi- 


6 (>in. V. 7. 9. 


Com. 17. Isid. V. -23. 


Am. 36. 


monium ;:dhibili. 


7 actor vel accusator. 


Plin. Ep. iii. 9. .Suel. 


16 Quin. V. 7. Cic. Q. 


20 Gell. vi. 7. y.v. 13. 


S Cic. A'err. i. 18, 19. 


Claud. 15. 


Rose. 13. Flacc. 10, 


Cic. Verr. i. 3; 



JUDICIAL PROCEEDINGS. 215 

arbitrary, except in war, Aviiere a false witness was beaten to 
death with sticks by his fellow-soldiers.^ 

3. Tabul-Eo By this name Avere called writings of every kind, 
which could be of use to prove the charg-e ; particularly account- 
books/ lettei's, bills, or bonds, &c.^ 

In a trial for extortion, the account-books of the person ac- 
cused were commonly sealed up, and afterwards at the trial 
deli veered to the judges for their inspection.* The ancient Ro- 
mans used to make out their private accounts,^ and keep them 
with great care. They marked down the occurrences of each 
day first in a note-book,*^ which was kept only for a month/ and 
then transcribed them into what we call a ledger/ Avhich was 
preserved for ever; but many dropped this custom, after the 
laws ordered a man's papers to be sealed up, when he was ac- 
cused of certain crimes, and produced in courts as evidences 
against him.^ 

The prosecutor having produced these different kinds of evi- 
dence, explained and enforced them in a speech, sometimes in 
two or more speeches. Then the advocates of the criminal 
replied ; and their defence sometimes lasted for several days.^" 
In the end of their speeches,^^ they tried to move the compassion 
of the judices, and for that purpose often introduced the children 
of the criminal. In ancient times only one counsel was allowed 
to each side.^'^ 

In certain causes persons were brought to attest the character 
of the accused, called laudatores.^^ If one could not produce 
at least ten of these, it Avas thought better to produce none.^^ 
Their declaration or that of the towns from which they came, 
was called laudatio, which word commonly signifies a funeral 
oration delivered from the rostra in praise of a person deceased, 
by some near relation, or by an orator or chief magistrate.^' 
Each orator, when he finished, said dixi ; and w hen all the 
pleadings were ended, a herald called cut, dixerunt, vel -ere.^'' 
Then the praetor sent the judices to give their verdict,^^ upon 
which they rose and went to deliberate for a little among them- 
selves. Sometimes they passed sentence ^^ viva voce in open 
court, but usually by ballot. The praetor gave to each judex 
three tablets ; on one was Avritten the letter C, for condemno, I 
condemn; on another, the letter A, for absolvo, I acquit; and 

1 Gell. XX. 1. 1. 16. D. 6 adversaria, -orum. Ep. i.20. 101. Tib. 6. Tac Ann. 
de Testib. et Sent. v. 7 menstrua erant. 13 Cic. Balb. 18. CIu. v. 1. xv;. b. Piin. Ep. 
25. s. 2. Polyb. vi. 35. 8 codex vel tab uIse. 69. F.im. i. 9. Fin. ii. ii. 1. 

2 tabulzE accept! et ex- 9 Cic. Ouin. 2. Verr. i. 21. Suet. Aug. 56. 16 Asc. Cic. Don. Ter. 
pensi. 23. 39. Rose. Com. 2. 14 quam ilium quasi le. Phor. ii 3. 90. sc. 4. 

3 syngrjiphse. Coel. 7. Alt. xii. 5. gitimum nuraerum 17 in consilium mitte- 

4 Cic. Verr. i, 23. 61. Tusc. v. 33. Suet. Caes. consuetudinis non ex- bat, ut sententiam fer- 
Balb.5. 47. plere, Cic. Verr. v. rent vel dicerent, Cic. 

5 tabulas, sc. accept! et 10 Asc. Cic. Com. Ver. 23. Verr. j. 9. Clu. 27. 
expensi conlicere vel 11 in epilogo vel pero- 15 Cic. Fam. iii. 8. 6. 30. 

domesiicas rationes ratione. Or. ii. 8i. Liv. v. 50. 18 sententias ferebant. 

ecribere. 12 Cic, Sext. 09. Plin. Su ;t Cffis. vi. e4. Au?. 



210 ROMAN ANTIQUITIES. 

on a tliird, N. L., non liquet^ sc. mihi, I am not dear. Each of 
the judices threw which of these tablets he thought proper into 
an urn. There was an urn for each order of judges; one for 
the senators, another for the equites, and a third for the tribuni 
(srarii} 

The pr.'Btor, having taken out, and counted the ballots, pro- 
nounced sentence according- to the opinion of the majority,^ in 
a certain form. If a majority gave in the letter C, the praetor 
said viBETUR FECissE, i. e. guilty ; if the letter A, non videtur 
FECissE, i, e. not guilty ; if N. L., the cause was deferred.^ The 
letter A. was called litera salutaris, and the tablet on which it 
was marked, tabella absolutoria, and C, litera tristis, the 
tablet, DAMNATORiA. Among the Greeks, the condemning letter 
was 0, because it was the tirst letter of '^a.votrog, death ; hence 
called mortiferum and nigrum,^ Their acquitting- letter is un- 
certain. 

It was anciently the custom to use Avhite and black pebbles,^ in 
voting at trials : ^ hence causa paucorum calculorum, a cause of 
small importance, where there were few judges to vote ; omnis cal- 
culus immitem dtmittitur ater in urnam, and only black stones 
were thrown into the merciless urn ; i, e. he is condemned by all 
the judges; reportare calculum deteriorem, to be condemned; 
meliorern, to be acquitted ; err or i album calculum adjicere, to 
pardon or excuse.'' To this Horace is thought to allude, Sat. 
ii. 3. 246, creta an carbone notandi? are they to be approved 
or condemned ? and Persius, Sat. v. 108 ; but more probably 
to the Roman custom of marking in their calendar unlucky 
days with black,^ and lucky days with white : ^ hence notare vel 
signare diem lactea gemma vel alba, mdioribus lapillis, vel albis 
calculis, to mark a day as fortunate.^'' This custom is said to 
have been borrowed from the Thracians or Scytiiians, who 
every evening, before they slept, threw into an urn or quiver 
a white pebble, if the day had passed agreeably ; but if not, a 
black one: and at their death, by counting the pebbles, their 
life was judged to have been happy or unhappy.^^ To this 
Martial beautifully alludes, xii. S^. 

The Athenians, in voting about the banishment of a citizen 
who was suspected to be too powerful, used shells,^^ on which 
those Avho were for banishing him wrote his name, and threw 
each his shell into an urn. This was done in a popular 

3 Cx%. Bel. Civ. iii. S3. 6 mos erat anliqnis ni- Ov. Met. xv. 41. ca, because it was 

Cic. Q. Frat. ii. 6. vv'is atrisque lapillis, 7 Plin. Ep. i. 2. Quin. brought from that 

2 ex pluriuni santea- his daranars reus, illis viii- 3. 14. Ov. ib. 4-i. island. 

tia. alisolvere culpa. — It Corp. Juris. 10 Mart. viii. -l.'i. ix. .^3. 

3 causa ampliata est, was the custom of old 8 carbone, with char- xi. LI;. Pors. S.ii. ii. 1. 
Asc. Cic. Verr. v. tj. to decide in criminal coal, whence dies atri Plin. Kp. vi. IJ. 
Acad. iv..47. cause:, with black and fur infausti. II Plin. vii, 40- 

4 Per. Sat. 4. V, 13. Glc. white stones, the Hrst 9 cicta vel cressa nota, 12 oarpaxa, te:-Ue vel 
Mil, 8. Suc-t. Aug, 33, condemned tlie ac- witli ch^lk. Her. Od. i. testulga. 

Mar;, vii. 3i;, cused, t'le o*er de- 36. 10. eddied Creta, or 

5 Uiilli vel calculi. clared him iniioce.at, terra Gressa vtl CreSa- 



JUDICIAL PROCEEDINGS. 217 

assembly ; and if the number of shells amounted to 6000, he 
was banished for ten years,^ by an ostracism, as it was called. 
Diodorus says, for five years.^ 

When the number of judges who condemned, and of those \ 
who acquitted, was equal, the criminal a\ as acquitted,^ Calculo \ 
MiNERv-E, by the vote of Minerva, as it was termed; because 
Avhen Orestes was tried before the Areopagus at Athens for 
the murder of his mother, and the judges were divided, he 
was acquitted by the determination ^ of that goddess.^ In 
allusion to this, a privilege was granted to Augustus, if the num- 
ber of the judices, who condemned, was but one more than of 
those that acquitted, of adding his vote to make an equality : 
and thus of acquitting the criminal.^ 

While the judices were putting the ballots into the m^n, the 
criminal and his friends threw themselves at their feet, and used 
every method to move their compassion.^ 

The prastor, when about to pronounce a sentence of con- 
demnation, used to lay aside his togaj^roetexta? 

In a trial for extortion, sentence was not passed after the 
first action was finished; that is, after the accuser had finished 
his pleading, and the defender had replied ; but the cause was 
a second time resumed,^ after the interval of a day, or some- 
times more, especially if a festival intervened, as in the case of 
Verres, which was called comperendinatio, or -atus, -tiis}^ Then 
the defender spoke first, and the accuser replied ; after which 
sentence was passed. I'his Avas done, although the cause was 
perfectly clear, by the Glaucian law ; but before that, by the 
Acilian law, criminals were condemned after one hearing.^^ 

When there was any obscurity in the cause, and tlie judices 
were uncertain whether to condemn or acquit the criminal, 
which they expressed by giving in the tablets, on which the 
letters N. L. were written, and the prtetor, by pronouncing 
AMPLius, the cause was deferred to any day the prastor chose to 
name. This was called ampliatio, and the criminal or cause 
was said ampliari ; which sometimes was done several times, 
and the cause pleaded each time anew.^' ^Sometimes the prietor, 
to gratify the criminal or his friends, put off the trial till lie 
should resign his office, and thus not have it in his pow er to pass 
sentence ^"^ upon him. 

If the criminal was acquitted, he went home and resumed his 
usual dress.^^ If there was ground for it, he might bring his 

1 testarum suftragiis. 6 Dio. li. 19. 11 semel dicta causa, absoluta est, Val.Max. 

2 xi. 55, Nep. Tliein. 8, 7 Val. Max. viii. 1. 6. seniel auditis testibus. viii. 1. 11. 

Anst. l.Cim. iJ. Asc. Cic. M. Scaur. 12 Cic. ib. Brut. 22. 13 ne diceret ius, Liv. 

3 Cic. Clu. 27. Pluf. 6 Plut. Cic. Sen. Ira, i. bis ampliatus, tenia xli. 22. 

Mar. seep. 78. 16. absolutus est reus, 14 sordido habitu pnsi- 

4 sententia. 9 causa iterum diceba- Liv. xliii. 2. iv. 44. tu, albam togam resu- 

5 Cic. Mil, 3. et ibi tur vel agebatur. causa L, Colt® sep- mebat. 
Lambin. .■Esch. Euin. in CicVerr. i. 7, 9. et ties ampliata, et ad 

T- 7;'8. ibiAsr.Sic. ultimum octavo judicio 



218 



ROMAN ANTIQUITIES. 



accuser to a trial for false accusation,^ or for what was called 
PR.EVARicATio ; that is, betraying- the cause of one's client, and, 
by neglect or collusion, assisting- his opponent.^ 

Pr.evaricari ^ signifies properly to straddle, to stand or walk 
wide, with the feet too far removed from one another, not to 
g-o straight.* Hence, to shuffle, to play fast and loose, to act 
deceitfully.^ If the criminal was condemned, he was punished 
by law according to the nature of his crime. 

Under the emperors, most criminal causes were tried in the 
senate," who could either mitigate or extend the rigour of the 
laws,' although this was sometimes contested.^ 

If a person Avas charged with a particular crime, compre- 
hended in a particular law, select judges were appointed ; but 
if the crimes Avere various, and of an atrocious nature, the senate 
itself judged of them, as the people did formerly ; Avhose power 
Tiberius, by the suppression of the Comitia, transferred to the 
senate." When any province complained of their governors, 
and sent ambassadors to prosecute them,^*^ the cause Avas tried in 
the senate , Avho appointed certain persons of their OAvn number 
to be advocates, commonly such as the province requested.^^ 

When the senate took cognizance of a cause, it Avas said 
suscipere vel recipere coc/nitionem, and dcae inquisitionem, 
Avhen it appointed certain persons to plead any cause, dare 
ADvocATOs, V. PATRONOs. So the cmperor. AVhen several advo- 
cates either proposed or excused themselves, it Avas determined 
by lot Avho should manage the cause.^^ When the criminal was 
brought into the senate-house, by the lictors, he Avas said esse 
INDUCTDS. So the prosecutors.^"^ When an advocate began to 
plead, he Avas said desccndere ut acturuSy ad agendum vel ad 
accusandum, because, perhaps, he stood in a lower place than 
that in Avhich the judges sat, or came from a place of ease and 
safety to a place of difficulty and danger : thus descendere in 
aciem v. prcBliurn, in campum v. forum^ &c. to go on and finish 
the cause, causam peragere v. perferre. If an advocate be- 
trayed the cause of his client/* he Avas suspended from the 
exercise of his profession,^^ or otherwise punished.^'' 

An experienced advocate commonly assumed a young one 

in the same cause Avith him, to introduce him at the bar and i-e- 

ommend him to notice.^'^ After the senate passed sentence, 



\ calurnniae. 

2 Cic. Top. 36. Plin. 
Ep. i. 20. iii. 9. Quin. 

3 corap. of prae et vari- 
co, V. -or. from varus, 
bow or bandy-legged, 
crura incurva habens, 

4 arator, nisi incurvus, 
praevaricatur, i. e. non 
rt-Ltum sulcum agit, 
vel a recio sulcoUiver. 



tit, Plin. 

5 in contrariis causis 
quasi varie esse posi- 
tus. Cic. ib. 

6 Dio. IviL 16. et alibi 
passim. 

7 mitigare leges et in- 
tendere, Plin. Ep. ii, 
11. iv. 9. 

8 aliis cognitionem se- 
natus lege conclusam, 
aliis liberam solutam- 



que dicentibus, Id. 

9 Tac. Ann. L 15. Plin. 
ii. 10. 

10 legates vel inquisi- 
tores mittebant, qui in 
eos inquisitionem pos- 
tularent. 

11 Piin. Ep. ii. 11. iil. 
4. 9. 

12 nomina in urnam 
conjerta sunt, Plin. 
Et. ii. 11. iii. 4. vi. 29. 



29. vii. 6. 33. X. 20. 

13 Id. ii. 11, 12. V. 4, 
13. 20. 

14 sipiaevaricatusesset. 

15 ei advocationibus iii- 
ferdictura est. 

16 Id. v. IS. 

17 producere, ostendere 
fainse et assignare fa- 
niae, Plin. Ep. vi. 23. 



JUDICIAL PROCEEDINGS. 219 

ci-iniinals used to be executed without delay. But Tiberius 
caused a decree to be made, that no one condemned by the 
senate should be put to death within ten days ; tliat the emperor, 
if absent from the city, might have time to consider their sen- 
tence, and prevent the execution of it, if he thought proper.^ 

5, DIFFERENT KINDS OF PUNISHMENTS. 

Punishments among the Romans were of eight kinds : — 

1. MuLCTA vel damnum, a fine, which at first never exceeded 
two oxen and thirty sheep, or the valuation of them ; - but 
afterwards it was increased. 

2. ViNCULA, bonds, which included public and private cus- 
tody : public, in prison, into which criminals were thrown after 
confession or conviction ; and private, when they were deliver- 
ed to magistrates, or even to private persons, to be kept at their 
houses {in libera custodia, as it was called) till they should be 
tried.^ 

A prison * was first built by Ancus IMartius, and enlarged by 
Servius Tullius ; whence that part of it below ground, built by 
him, was called tullianum,^ or lautumi.e,'^ in allusion to a place 
of the same kind built by Dionysius at Syracuse. Another 
part, or, as some think, the same part, from its security and 
strength, was called robur, or robus.'' 

Under the name of vincula were comprehended catenoe^ 
chains ; cojnpedes vel pedicce, fetters or bonds for the feet ; 
j7ianic(B, manacles or bonds for the hands ; nervus, an iron bond 
or shackle for the feet or neck ; ^ also a wooden frame with 
holes, in Avhich the feet were put and fastened, the stocks : 
sometimes also the hands and neck : called likewise columbar. 
BoicB^ leathern thongs, and also iron chains, for tying the neck 
or feet.^ 

3. Verbera, beating or scourgino-, with sticks or staves ; ^^ 
with rods ; " with Avhips or lashes.^- But the first were in a 
manner peculiar to the camp, where the punishment was called 
FusTUARiuM, and the last to slaves. Rods only were applied to 
citizens, and these too were removed by the Porcian law.^^ But 
under the emperors citizens were punished witli these and more 
severe instruments, as with whips loaded with lead, &c.^^ 

4. Talio,^^ a punishment similar to the injury, an eye for an 
eye, a limb for a limb, &c. But this punishment, althougli men- 



1 Dlo. Ivii. 20.lviii.27. 


4 career. 


xxxviii. 59. Val, Max. 


12 flageUis. 


Tac. Ann. iii. 51. Suet. 


5 Sail. Cat. 55. Varr. 


vi. 3. 1. lac. Ann. iv. 


13 Hor.Ep.4.Gic.Rab. 


Tib. 75. Sea. tranq. 


L. L. iv. 33. Liv. i. 33. 


29. Cic. Verr. v. 27.55. 


perd. 4. Juv. x. IHJ. 


an. U. 


6 i. e. loca ex quibus 


8 Fest. in voce. 


Cic. Verr. iii. 29. Liv. 


2 see lex Ateria, Liv. 


la (lid s excisi sunt, 


9 Plaut. As. iii. 3. 5. 


X. 9. Sail. Gat. 51. 


iv.30. 


Fest. in voce, Liv. 


Rud. iii. 6. b>J. Liv. 


U plumbatis. 
15 simi.itudo supplicii 
vel viiidictK, host; 


3 Cic. Div. i. 25. Tac. 


xxvi. 27. xxxii. 26. 


viu. 28. 


iii. 51. vi. a SaU. Cat 


xxxvii. 5, xx-Kix. H. 


10 fustibus. 


47. Liv. xxxix. 14. 


7 Fest. in voce, Liv. 


11 virgis. 


meatura. 



220 



ROMAN ANTIQUITIES. 



tioned in the Twelve Tables, seems very rarely to have been 
inflicted, because by law the removal of it could be purchased 
by a pecuniary compensation.^ 

5. Ignominia vel infamia. Disgrace or infamy was inflicted,^ 
either by the censors or by law, and by the edict of the pr^tor. 
Those made infamous by a judicial sentence, were deprived of 
their dignity, and rendered incapable of enjoying- public offices, 
sometimes also of being- witnesses, or of making- a testament ; 
hence called intestabiles.*^ 

6. ExiLiuiM, banishment. This word was not used in a judicial 
sentence, but aqujs et ignis interdictio, forbidding- one the use 
of fire and water, vvhereby a person was banished from Italy, 
but might go to any other place he chose. Augustus introduced 
two new forms of banishment, called deportatio, perpetual 
banishment to a certain place ; and relegatio, either a tempo- 
rary or perpetual banishment of a person to a certain place, 
without depriving- him of his rights and fortunes.^ Some- 
times persons were only banished from Italy ^ for a limited 
time. 

7. Sebvitus, slavery. Those were sold as slaves, who did not 
give in their names to be enrolled in the censor's books, or re- 
fused to enlist as soldiers ; because thus they were supposed to 
have voluntarily renounced the rights of citizens.*' 

8. Mors, death, was either civil or natural. Banishment and 
slavery were called a civil death. Only the most heinous crimes 
were punished by a violent death. 

In ancient times it seems to have been most usual to hang 
malefactors,^ afterwards, to scourge^ and behead tbem,^ to 
throw them from the Tarpeian rock,^" or from that place in the 
prison called robur, also to strangle them ^^ in prison. 

The bodies of criminals, when executed, were not burned or 
buried; but exposed before the prison, usually on certain stairs, 
called GEMONi^E sc. scal(By vel gemonii gradus ; ^^ and then dragged 
with a hook,^^ and thrown into the Tiber.^* Sometimes, how- 
ever, the friends purchased the right of burying them. 

Under the emperors, several new and more severe punish- 
ments were contrived ; as, exposing to wild beasts,^^ burning 
alive,^^ &c. When criminals were burned, they were di-essed in 
a tunic besmeared with pitch and other combustible matter, 
called tunica molesta,^'^ as the Christians are supposed to have 
been put to death. Pitch is mentioned among the instruments 

1 talio vel poena redimi 57. tur, vel cervicem fran- Vit. 17. Tac. Hist. iii. 
poterat, Gell. xx. 1. 7 infelici arbori suspen- gere, Fest. Val. Max. 74. Plin. viii. 40. s. 61. 

2 inurebatur vel irro- dere, Liv. i. -26, v. 4. 7. vi. 31. Sal. Cat. Val. Max. vi. 3.3..Jiiv. 
gabatur. 8 virgis caedere. 55. Cic. Vat. 11. Luc. x. ti6. 

3 Digest. 9 securi percuteie, Liv. ii, 154. 15 ad bestias damnat-o. 

4 see p. 57. ii. 5, vii. 19. xxvi. 15. 12 quod gemitus locus 16 vivicomburiuin. 

6 lis Italia inteidictuin, 10 de saxo larpeio de- esset 17 Sen. Ep. 14. Juv. 

Plin- Ep. iii. 9. jicere, Id. vi "20. 13 unco tracti, viii. 2S5. i. 155. Mart. 

6 Cic. C>c. 34. see p. \X laqueo gulam, gut- 14 Suet. Tib, 53. 61.75. x. 25. 5. 



RELIGION OF THE ROMANS. 221 

of torture in more ancient times.^ Sometimes persons were 
condemned to the public works, to engage with wild beasts, or 
light as gladiators, or were employed as public slaves in attend- 
ing on the public baths, in cleansing- common sewers, or 
repairing the streets and highways.^ 

Slaves after being scourged ^ Avere crucified,^ usually with a 
label or inscription on their breast, intimating their crime, or 
the cause of their punishment, as was commonly done to other 
criminals, when executed. Thus Pilate put a title or super- 
scription on the cross of our Saviour.^ The foi-ni of the cross is 
described by Dionysius, vii. 69. Vedius Pollio, one of the 
friends of Augustus, devised a new species of cruelty to slaves^ 
throwing them into a fish-pond to be devoured by lampreys.'' 

A person guilty of parricide, that is, of murdering a parent 
or jifiy near i-elation, after being severely scourged,- was sew^d 
up in a sack,^ with a dog, a cock, a viper, and an ape, and then 
thrown into the sea or a deep river.^ 

RELIGION OF THE ROMANS. 

I. THE GODS WHOM THEY WORSHIPPED. 

These were very numerous, and divided into Dii majorum gen- 
tium, and Minorum gentium, in allusion to the division of sena- 
tors.^" The DII MAJORUM GENTIUM Avcre the great celestial deities, 
and those called dii selecti. The great celestial deities were 
twelve in number.^^ 

1. JupiTER,^^ the king of gods and men; the son of Saturn 
and Rhea or Ops, the goddess of the earth ; born and educated 
in the island of Crete ; supposed to have dethroned his father, 
and to have divided his kingdom with his brothers; so that he 
himself obtained the air and earth, Neptune the sea, and Pluto 
the infernal regions: usually represented as sitting on an ivory 
throne, holding a sceptre in his left hand, and a thunderbolt ^"^ 
in his right, with an eagle ; and Hebe the daughter of Juno, 
and goddess of youth, or the boy, Ganymedes, the son of Tros, 
his cup-bearer,^* attending on him ; called jupiter feretrius,^^ 
ELicius,^^ STATOR, CAPiTOLiNus, and TONANS, whicli two Were dif- 
ferent, and had different temples ;^^ tarpeius, latialis, diespi- 
ter,^^ optimus maximus, olympicus, summus, &c. Sub J ovefrigido. 



1 Tac. Ann. xv. 44. sus. 15 a ferendo, quod ei F. iii. 327.ut etloceret, 
Plaut. Capt. iii, 4.65. 8 culeo insutas. spolia opima afiere- qumnodo prodigia fiil- 
Lcret.iii.103U. 9 Cic. Rose. Am. ii. 25, bantur lerculo ,vel fe- minibus, aliove quo 

2 Plin. Ep. X. 40. 26. Sen. Clem. i. 23. retro gesta, Liv. 1. ]0. viso missa, curarentui-, 

3 sub furca ciesi. 10 see p. 2. Cic. Tusc. vel a leviendo, Piut. in vel expiarentur, iljid. 

4 in crucem acti sunt. i. 13. Romulo, omine quod & Liv. i. 20. 

5 Matt, xxvii. 37. John 11 Diony. vii. 72. certo dux fcrit ense 17 Dio. liv. 4. Suet. 
xix. Ifl. Die. liv. 3. \2 ZeviHarrip \oc. Zev ducem. Prop. iv. 11. Aur. 29. 91. 

Suet. Cal. 32. Dom. 10. HaT-fp, 46. Diony. i. 34. 18 diei et lucis iiater. 

C muriEn.T;, Plin. ix. 23. 13 fulmen. 16 quod se ilium certo 

^s. 39. Dio. liv. 23. ] 4 pincerna vel jrocilia- carmine e coclo elicere 

7 san^uiuels virgis ca;- tor. posse credebant, Ov, 

t3 



222 ROMAN ANTIQUITIES. 

sub dio, under tlie cold air ; dextro Jove, by the favour of Jupi- 
ter ; incolumi Jove, 1. e. capitolio, uhi Jupiter colehatur} 

2. Juno, the Avife and sister of Jupiter, queen of the gods, the 
goddess of marriage and of child-birth ; called juno regina vel 
regia: pronuba,^ matrona, lucina,'^ moneta,* because, when an 
earthquake happened, a voice was uttered from her temple, ad- 
vising the Romans to make expiation by sacrificing a pregnant 
sow;^ represented in a long robe^ and magnificent dress; 
sometimes sitting or standing in a light car, drawn by peacocks, 
attended by the aur^, or air nymphs, as by iris, the goddess of 
the rainbow. Jiinone secunda, by the favour of.^ 

3. Minerva or pallas, the goddess of wisdom ; hence said to 
have sprung ^ from the brain of Jupiter by the stroke of Vul- 
can ; also of war and of arms ; said to be the inventress of spin- 
ning and weaving,^ of the olive, and of warlike chariots ; called 
Armipotens, Tritonia virgo, because she was first seen near the 
lake Tritonis in Africa ; Attica vel Cecropia, because she was 
chiefly Avorshipped at Athens ; — represented as an armed virgin, 
beautiful, but stern and dark coloured, Avith azure or sky- 
coloured eyes,^** shining like the eyes of a cat or an oavV^ 
having a helmet on her head, and a plume nodding formidably 
in the air ; holding in her right hand a spear, and in her left a 
shield, covered Avith the skin of the goat Amalthea, by Avhich 
she was nursed (hence called /egis), given her by Jupiter, Avhose 
shield had the same name, in the middle of Avhich Avas the head 
of the Gorgon Medusa, a monster Avith snaky hair, Avhicli 
turned every one who looked at it into stone.^- 

There was a statue of Miner va,^'^ supposed to have fallen from 
heaven, Avhich Avas religiously kept in her temple by the Tro- 
jans, and stolen from thence by Ulysses and Diomedes. Tole- 
rare colo vitam tenuique Minerva, i. e, lanificio nonqucestuoso, to 
earn a living by spinning and weaving, which bring small profit ; 
invita Minerva, i. e. adversante et repugnante natiira, against 
nature or natural genius; " agei'e aliquid pingui Minerva, simply, 
bluntly, Avithout art ; ahnormis sapiens, crassaque Minerva, a 
philosopher without rules, and of strong rough common sense ; 
sus Minervam, sc. docet, a proverb against a person avIio pretends 
to teach those who are Aviser than himself, or to teach a thing of 
which he himself is ignorant. Pallas is also put for oil,^^ be- 
cause she is said first to have taught the use of it. 

4. Vesta, the goddess of fire. Tavo of this name are men- 

1 l-lor. 0(1. i. 1. 25. ii. 3 quod lucem nasceuti- Ter. Heaut. v. 1. 13. 14 Virg. /En. viii. 409. 
3. 23. iil. 5. 12. Pers. bus daret. Ov. ib. Cic. Off. i. 31. 

V. 114. 4 a monendo. 10 glaucis oculis, yXau- 15 Ov. _Ep. xix. 44. Cic. 

2 quod imbentibus prae- 5 Cic. Olv. i. 45. ii. 32. Koiirif Aflij^^j. Acad. i. 4, Fest. Hor. 
esset, Serv. VL-g. Mn. 6 stola. 11 7Xa«f, -«oj, noctua. Sat. ii. 2, Golumel. 1. 
iv. 166. Ov. lip. vi.43. 7 Virjr. ^n. iv. 45. Gell. ii. 26. pr. 33. xi. 1. 31. 
Sacris prajfecta marl- 8 cum clypeo prosilu- 12 Virg. /En. viii. 351. 

tis, i. e. nuptiiilibusso- isse, Ov. K. iii. 811. & ibl Serv. 

lemiiitatibus, xii, 65. 9 kuiiicii et texturae, 13 palladium. 



RELIGION OF THE ROMANS. 223 

tioned by the poets ; one the mothev, and the other the daughter 
of Saturn, who are often confounded. But the latter chiefly 
■was worshipped at Rome. In her sanctuary was supposed to be 
preserved the Palladium of Troy/ and a fire kept continually 
burning by a number of virgins, called the Vestal virgins; 
brought by .^neas from Troy ; ^ hence hie locus est Festce, qui 
PALLADA servat et ignem,^ near which was the palace of Numa.* 

5. Ceres, the goddess of corn and husbandry, the sister of 
Jupiter; worshipped chiefly at Eleusis in Greece, and in Sicily : 
her sacred rites were kept very secret. — She is represented with 
her head crowned with the ears of corn or poppies, and her 
robes falling down to her feet, holding a torch in her hand. 
She is said to have wandered over the whole earth with a torch 
in her hand, which she lighted at mount jEtna/ in quest of her 
daughter Proserpina, Avho was carried ofi:' by Pluto. Plutus, 
the god of riches, is supposed to be the son of Ceres. 

Ceres is called Legifera, the lawgiver, because laws were the 
eflect of husbandry, and Arcana, because her sacred rites were 
celebrated with great secrecy,^ and with torches ; '^ particularly 
at Eleusis in Attica,^ from which, by the voice of a herald, the 
wicked Avere excluded ; and even Kero, ^vhile in Greece, dared 
not to profane them. Whoever entered without being initiated, 
although ignorant of this prohibition, was put to death.'^ Those 
initiated were called myst.e,^" whence mysttrium. A pregnant 
sow was sacrificed to Ceres, because that animal was hurtful to 
the corn-fields.^^ And a fox was burnt to death at her sacred 
rites, with torches tied round it; because a fox wrapt round 
with stubble and hay set on fire, being let go by a boy, once 
burnt the growing corn of the people of Carseoli, a town of the 
^^>qui, as the foxes of Samsou did the standing corn of the 
Philistines.^^ 

Ceres is often put for corn or bread ; as sine Cerere et Baccho 
ftiget Venus, without bread and wine love grows cold.^^ 

6, Neptune,^* the god of the sea, and brother of Jupiter ; 
represented with a trident in his right hand, and a dolphin in 
his left ; one of his feet resting on part of a ship ; his aspect 
majestic and serene : sometimes in a chariot drawn by sea- 
horses, with a triton on each side ; called .^gkus ; because wor- 
shipped at iEgea, a town in the island of Euboea.^^ Uterque 



1 fatale pignus imperii 6 bine Ceteris sacris Decs, — and by the sa- iv. 681. to 712. 

Roinani, — the fatal nunc quoque tsjda da- creel mysteries of the 13 Ter. Eiin. iv. 5, 6. 

pledge of the Roman tur, — hence it is that tnrch-bearing goddess, Cic. Nat. D. ii. 23. 

empire, Liv. xxvi. <J7. in the sacrifices of Co- Ov. Ep. !i. r<?. 14 a nando, Cic. Nat. 

a Virg. JEn. ii. 297. res, a lighted tonh is 8 sacra Kleusinia. D. il. 26. vel quod 

3 this is the place (tsm- still given to tliose 9 Suet. Ner. 31. Liv. mare terras obnubit, ut 
pie) of Vesta, in wh'cii who perform the cere- xxxi. 14. nubes ccelum; a nup- 
the palladium is kept, mony, Ov. F. iv. 494. 10 Ov. F. iv. 356. a tii, id est opertione ; 
and the perpetual fire, 6 Plin. viii. 56.Hor. Od. ufcu, pr^mo. unde nuptiae, Varr. i/. 
Ov. IVi^t. iii. 1.39. iii. 2. 27. 11 Ov. Poiit. ii. 9. 30. L. iv. 11). 

4 ib. 10. Hor. Od. i, 2, 7 whence, ct per tsedi- Met. xv. 111. 15 Virg. -En. iii. 71. 
10. ferx loystica sacra 13 Judg. xv. 1. Ov. F. Huir., II. v. 23, 



224 ROMAN ANTIQUITIES. 

Neptunus, the mare superum and inferum, on both sides of Italy ; 
or, Neptune who presides over both salt and fresh water.^ 
^epiumaarva vel regna, the sea. Neptunius dux, Sex. Pompeius, 
Avho, from his power at sea, called himself the son of Neptune. 
Neptunia Pergama vel Troja, because its walls were said to 
have been built by Neptune and Apollo,^ at the request of 
Laomedon, the father of Priam, who defrauded them of their 
promised hire,'^ that is, he applied to that purpose the money 
which he had vowed to their service. On Avhich account Neptune 
was ever after hostile to the Trojans, and also to the Romans. 
Apollo was afterwards reconciled by proper atonement ; being- 
also offended at the Greeks for their treatment of Chryseis, the 
daughter of his priest Chryses, whom Af>amemnon made a 
captive. The wife of Neptune was Amphitrite, sometimes put 
for the sea.^ Besides Neptune, there were other sea gods and 
goddesses; Oceanus, and his wife Tethys; Nereus, and his wife 
JDoris, the Nereides, Thetis, Doto, Galatea, &c. Triton, Proteus, 
Portumnus, the son of Matuta or Aurora and Glaucus, Ino, 
Palemon, &c. 

7. Venus, the goddess of love and beauty, said to have been 
produced from the foam of the sea, near the island Cythera ; 
hence called Cytherea, Marina, and by the Greeks Acp^o^.r/!, 
ab oc,(p^og, spuma ; according to others, the daughter of Jupiter 
and the nymph IDione ; hence called Dionasa mater, by her son 
iKneas, and Julius Cajsar Dionaus ; as being descended from 
lulus, the son of iEneas. Diotkbo sub antro, under the cave of 
Venus, — the wife of Vulcan, but unfaithful to him ; ^ worshipped 
chiefly at Paphos, Amathus, -untis,and Idalia v. -ium in Cyprus ; 
at Eryx in Sicily, and at Cnidus in Caria ; hence called 
Cypris, -idis, Dea Paphia ; Amathusia Venus ; Venus Idalia, 
and ERTCiNA ; Regina Cnidia: Venus Cnidia.^ Alma, decens, 
aurea, formosa, &c. also Cloacina or Cluacina, from cluere, 
anciently the same Avith luere or purgare, because her temple 
was built in that place, Avhere the Romans and Sabines, after 
laying aside their arms, and concluding an agreement, purified 
themselves. Also supposed to be the same with Libitina, the 
goddess of funerals, whom some make the same with Proserpine, 
— often put for love, or the indulgence of it : damnosa Venus, 
pernicious venery. Sera juvenum Venus, eoque inexhausia 
pubertas, the youths partake late of the pleasures of love, and 
hence pass the age of puberty unexhausted; for a mistress; 
for beauty, comeliness, or grace. TatulcB pict(P Venus, vel 
Venustas, quam Grceci xot^ira, vacant ; dicendi Veneres, the 

1 liquentibus stagnis xlviii. 19. Serv.Virg. .En. ii. 610. 6 Tac. Ann. iii. 62. C:ic. 
niarique salso, Catul. 3 pacta mercede desti- G. i. 50 2. Verr. ii. 8. iv. 60. Dii-. 
xxix. 3. tuit, Hor. Od. iii. 3. 5 Hor. Od. i. 4, 5. ii. 1. i. 13. Hor. Od, i. 30. 1. 

2 Ov, F. i. 5. 5. ViriT. 22. 3D. Virg. ^n. iii. 19. 2. 33. Vir£. .iin. v 
.'En. ii. Ci5. viii. Hy5. o Ov. Met. i. 11. Rem- 26. 5. iv. 128. Eel. ix. 7C0. 

Hor. lip. ix., 7- Dio. Am, 46:t. Horn. Ii. 1. 47. Ov. Met. iv. 17i. 



RELIGION OF THE ROMANS. 225 

graces ; Venerem habere, Cicero says there were more than one 
Venus.^ 

The tree most acceptable to Verms was the myrtle, hence she 
was called myrtea, and by corruption murcia, and the month 
most agreeable to her was April, because it produced flowers ; 
hence called mensis veneris, on the first day of which the 
matrons, crowned with myrtle, used to bathe themselves in the 
Tyber, near the temple of fortuna virilis, to whom they offered 
frankincense, that she would conceal their defects from their 
husbands.^ 

The attendants of Venus were her son cupid ; or rather the 
Cupids, for there were many of them ; but two most remarkable, 
one, Eros, who caused love, and the other, Anteros, who made 
it cease, or produced mutual love ; painted with wings, a quiver, 
bow, and darts : the three graces, (GraticB vel Charites), 
Aglaia or Pasithea, Thalia, and Euphrosyne, represented 
generally naked, with their hands joined together ; and nymphs 
dancing with the Graces, and Venus at their head.^ 

8. VuLCANUs vel Mulciber, the god of fire^ and of smiths; the 
son of Jupiter and Juno, and husband of Venus : represented as 
a lame blacksmith, hardened from the forge, with a fiery red 
face whilst at work, and tired and heated after it. He is 
generally the subject of pity or ridicule to the other gods, as a 
cuckold and lame. Vulcan is said to have had his work-shop ^ 
chiefly in Lemnos, and in the iEolian or Lipari islands near 
Sicily, or in a cave of mount ^>tna. His workmen were the 
Cyclopes, giants with one eye in their forehead, who were 
usually employed in making the thunderbolts of Jupiter.^ 
Hence Vulcan is represented in spring as eagerly lighting up 
the fires in their toilsome or strong smelling- work-shops,^ to 
provide plenty of thunderbolts for Jupiter to throw in summer, 
called avidus, greedy, as Virgil calls igniff^ fire, edax, from its 
devouring all things ; sometimes put for tire ; called luteus, 
from its colour ; from luteum v. lutum, woad, the same with 
glastum ;^ which dyes yellow f or rather from lutum, clay, luteus, 
dirty. Cicero also mentions more than one Vulcan,^" as indeed 
he does in speaking of most of the gods. 

9. Mars or Mavors, the god of Avar and son of Juno ; wor- 
shipped by the Thracians, Getse, and Scythians, and especially 

1 Nat. D. iii. 23. Ve- Hor. Ep. i. 18. 21. Sat. 3 Hor. Od. i. 4. 5.— Virg. ^n. ii. 753. 311. 

nus dicta, quod ad ora- i. 2. 119. 4. 113. Tac. 30. 6. ii. 8. 13. Sen. v. 6li2 vii. 77. 

nes res veniret; atque IVIor. Ger. 20. Virg. Ben. i. 3. 9 herba qua caeruleura 

ex ea venustas, — call- Eel. iii. 68. Plant. Stic. 4 l!rnipotens,Virg. .-En. inficiunt, A'itr. vii. 14. 

ed Venus, because she ii. 1. .5. Ouin. x. l.Sen. x. 213. Plin. xxxiii. 5. s. 26. 

has an influence upon Ben. ii. 28. S ofticina. croceo mutabit vellera 

all things; and from 2 Ov. F. iv. 139, &c. 6 Virg. ^En. viii. 415. luto,— sliall tinge his 

lier the word venustas, Hor. Od. iv. 11. 15. 7 graves ardens uiit of- fleece with saftron dye, 

ii. 27. et Venerii, i. e. Virg. Ec. vii. 62. Serv. ficinas. Virg. Eel. v. 44. lute- 

seivi Veneris, Caec. 17. in loc. /En. v, 72. viii. 8 C:es. B.G. v. 14. Hor. um ovi, the yolk of an 

Plin. XV. 29. s. 36. 635. Plin. XV. 29. s. 36. Od. i. 4. 7. iii. 58. Sat. egg, Plin. x. 53. 

XXXV. 10. s. 36. Diony. Plut. QuiEst. Rom. 20. i. 5. 74. Plaut. Amph. 10 Nat. D. iii. '^2, 

iv. 15. Plut. Num. 67. Varr. L. L. iv. 32. i. 1. 185. Juv. x. 133. 



226 ROMAN ANTIQUITIES. 

by the Romans, as the father of Romulus, their founder, called 
Gradivus,^ painted with a fierce aspect, riding in a chariot, or 
on horseback, with a helmet and a speai". Mars, when peace- 
able, was called ouirinus.^ Bellona, the goddess of war, was 
tlie wife or sister of Mars. 

A round shield ^ is said to have fallen from heaven in the 
reig^n of Numa, supposed to be the shield of Mars ; which was 
kept with great care in his sanctuary, as a symbol of the perpe- 
tuity of the empire, by the priests of Mars ; who were called 
SALii ; and that it might not be stolen, eleven others were made 
quite like it.* 

The animals sacred to Blars were the horse, wolf, and the 
wood-pecker.^ 3Iars is often, by a metonymy, put for war or 
the fortune of war ; thus, cequo, vario, ancipite, inctrto Marte 
pugnatum est, with equal, various, doubtful success ; Mars com- 
munis, the uncertain events of war ; accendere Martem cantu, to 
kindle the rage of war by martial sounds; i. e. pugnam vel 
milites ad pugnam tuba ; collato Marte et tminus pugnare, to 
contend in close battle, and fx-om a distance ; invadunt Martem 
clypeis, they rush to the combat with shields, i. e. pugnam ine- 
unt ; nostra Marte aliquid peragere^ by our o>vn strength, without 
assistance ; verecundice erat, equitem suo alienoque Marte pug- 
nare, on horseback and on foot ; valere Marte fortnsi, to be a 
good pleader; dicer e difficile est, quid Mars tuus egerit illic, i. e. 
hellica virtus, valour or courage ; nostra Marte, by our army or 
soldiers ; altcro Marte^ in a second battle ; Mars tuus, your 
manner of fighting ; incursu gemini Martis, by land and sea.^ 

10. BIercurius, the son of Jupiter and Maia, the daughter of 
Atlas ; the messenger of Jupiter and of the gods ; the god of 
eloquence ; the patron of merchants and of gain, Avhence his 
name (according to others, quasi Medicurrius, quod va^^\\}& inter 
deos et homines currebat) ; the inventor of the lyre and of the 
harp ; the protector of poets or men of genius,^ of musicians, 
AvresUers, &c. ; the conductor of souls or departed ghosts to their 
proper mansions ; also the god of ingenuity and of thieves, 
called Cyllenius vel Cyllenia proles, from ('yllene, a mountain 
in Arcadia on which he was born ; and Tegeaeus, from Tegea, a 
city near it. 

The distinguishing attributes of Mercury are his petasus, or 
winged cap; the talaria, or Avinged sandals for his feet; arifl 
a caduceus, or wand^ with two serpents about it, in his hand; 
sometimes as the god of merchants he bears a purse.^ 

Images of Mercury^" used to be erected where several roads 



1 a grartiendo, Cv. F. 


4 ancilia. 


-ium, vel 


Art Am. i. 212. Hor. 


10. Vir-. ^n. iv. 239. 


ii.Stil. 


-ii>rum. 




Od, iii. 5. 24. 34. 


viii. 13S. 


2 Serv. Virg. i. 296. 


5 picas. 

6 t-uc. V 




7 iVIercurialium viro- 


]0 Herma-.trunci, shape- 


J ancile quod ab omni 
parte rerisum est, Ov. 


. 269. Vir?. 


rum. 


less posts with a mar- 
ble head of Mercury 


Cic, Liv 


iii. 62. Ov. 


8 vii-ga. 


F iii. 377. 


Pont. iv. 


6. 39. 7. 45. 


9 uiarsupium, Hor. i. 


or. them, Juv. viii. 53. 



RELIGION OF THE ROMANS. 227 

met,* to point out the way ; on sepulchres, in the porches of 
temples and houses, &c. Ex quovis ligno non fit Mercurius, 
every one cannot become a scholar. 

11. Apollo, the son of Jupiter and Latona, born in the island 
Delos ; the g-odof poetry, music, medicine, augury, and archery ; 
called also Phoebus and Sol. He had oracles in many places, 
the chief one at Delphi in Phocis ; called by various names from 
the places where he was worshipped, Cynthius, from Cynthus, a 
mountain in Delos ; Patareus, or -eeus, from Patara, a city in 
Lycia ; Latous, son of Latona ; Thymbrseus, Grynaeus, &c. ; also 
Pythius, from having- slain the serpent Python.^ 

Apollo is usually represented as a beautiful beardless young 
man, with long- hair (hence called intonsus et crinitus),^ holding- 
a bow and arrows in his right hand, and in his left hand a lyre 
or harp. He is crowned with laurel, which was sacred to him, 
as were the hawk and raven among the birds. 

The son of Apollo was ^sculapius, the god of physic, wor- 
shipped formerly at Epidaurus in Argolis, under the form of a 
serpent, or leaning on a staft^ round which a serpent was en- 
twined : — represented as an old man, Avith a long beard, dressed 
in a loose robe, with a staff in his hand. 

Connected with Apollo and Minerva were the nine muses ; 
said to be the daughters of Jupiter and Mnemosyne or memory ; 
Calliope, the muse of heroic poetry ; Clio, of history ; Melpo- 
mene, of tragedy ; Thalia, of comedy and pastorals ; Erato, of 
love songs and hymns ; Euterpe, of playing on the flute ; Terp- 
sichore, of the harp ; Polyhymnia, of gesture and delivery, also 
of the three-stringed instrument called barbitos, vel -on ; and 
Urania, of astronomy.* 

The muses frequented the mountains Parnassus, Helicon, 
Pierus, &c., the fountains Castalius, Aganippe, or Hippocrene, 
&C., whence they had various names, Heliconides, Parnassides, 
Pierides, Castalides, Thespiades, Pimpliades, &c. 

12. Diana, the sister of Apollo, goddess of the woods and of 
hunting; called Diana on earth, Luna in heaven, and Hecate in 
hell : hence tergemina, diva triformis^ tria virginis or a DianoB ; 
also Lucina, Ilithya, et Genitalis seu Genetyllis, because she 
assisted women in child-birth ; Noctiluca, and siderum regina^' 
Trivia, from her statues standing where three ways met. 

Diana is represented as a tall, beautiful virgin, with a quiver 
on her shoulder, and a javelin or a bow in her right hand, 
chasing deer or other animals. 

These twelve deities Avere called consentes, -um^ and are 

1 in compitis. iv. 7. Phurnutus de quia in consilium Jo- Nat. ii. 41. a consensu, 

2 vela irti9F<reot, quod Natura Deoruin. vis adhibebantur, An- quasi consenlientps, 
consuleretur. 5 Vir,'. .'En. iv. 52. guslin. de Civit Dei, vel a censend", i. e. 

3 Ov. Trist. iii. 1.60. Hor. iv. 23. dnodecim pnim consulo. 

4 A us. Ejd. 20. Diod. 6 Varr. L. L. vii, 38. deos advocat, Sen. Q. 



^33 ROMAN ANTIQUITIES. 

comprehended in these two verses of Ennius, as quoted by Apu- 

leius, de Deo Socratis : 

Juno, Vesta, Minerva, Ceres, Diana, Venus, Mars, 
Mercurius, Jovi', Neptunus, Vulcanus, Apollo. 

On ancient inscriptions they are thus marked : — j. o. m. i. e. 
Jovi optitno maximo^ ceterisq. dis consentibus. They were also 
called Dii MAGNi, and ccelestes, or nobiles, and are represented 
as occupying- a different part of heaven from the inferior gods, 
who are called plebs.^ 



the dii selecti were eight in number. 

1. Saturnus, the god of time ; the son of Ccelus or Uranus, 
and Terra or Vesta. Titan his brother resigned the kingdom 
to him on this condition, that he should rear no male offspring. 
On which account he is feigned by the poets to have devoured 
his sons as soon as they were born. But Rhea found means to 
deceive him, and bring up by stealth Jupiter and his two 
brothers. 

Saturn, being dethroned by his son Jupiter, fled into Italy, 
and gave name to Latium, from his lurking there.- He was 
kindly received by .Tanus, king of that country. Under Saturn 
is supposed to have been the golden age, Avhen the earth pro- 
duced food in abundance spontaneously, when all things were 
in common, and when there was an intercourse between the 
gods and men upon earth ; which ceased in the brazen and iron 
ages, when even the virgin Astrea, or goddess of justice herself, 
who remained on earth longer than the other gods, at last, pro- 
voked by the wickedness of men, left it. The only goddess 
then left was Hope."* Saturn is painted as a decrepit old man, 
with a scythe in his hand, or a serpent biting off its own tail. 

2. Janus, the god of the year, who presided over the gates of 
heaven, and also over peace and war. He is painted with two 
faces.* His temple was open in time of war, and shut in time of 
peace. A street in Rome, contiguous to the forum, where 
bankers lived, was called by his name, thus Janus summus ah 
imo, the street Janus from top to bottom ; medius, the middle 
part of it.^ Thoroughfares^ from him were called Jani, and the 
gates at the entrance of private houses, Januffi ; thus, dextro 
JANO port(B garmentalis, through the right hand postern of the 
Carmental gate.' 

3. Rhea, the wife of Saturn ; called also Ops, Cybele, Magna 
Mater, IMater Deorum, Berecynthia, Idffia, and Dindymer.e, 

1 Virg. ^n. i. 391. iii. 2 a latendo. 4 bifrons vel biceps. 6 transitinnes perviaj. 

11. Ov. Am.iil. e.Met. 3 Virg. Q. i. 125.0 v. 5 Hor. tp. i. 1. Sl.Sat. 7 Cic. N. D. ii. 27. Li\'. 

i. 172. Vitru. i, 8. Cic. Met. i. 150. Pont. i. 6. ii. 3. 18. Cic. Phil. vi. ii. 49. 

Lege. U.S. 29. 5. Liv. i. h*. 



RELIGION OF THE KOMANS. 229 

from three mountains in Phrygia. She was painted as a matron, 
crowned with towers/ sitting in a chariot drawn by lions.^ 

Cybele, or a sacred stone, called by the inhabitants the mo- 
ther of the gods, was brought from Pessinus in Phrygia to 
Rome, in the time of the second Punic war.^ 

4. Pluto, the brother of Jupiter, and king of the infernal 
regions ; called also Orcus, Jupiter infernus et Stygius. The 
wife of Pluto was proserpina, the daughter of Ceres, Avhom he 
carried off, as she was gathering flowers in the plains of Enna, 
in Sicily ; called Juno inferna or Stygia, often confounded with 
Hecate and Luna, or Diana ; supposed to preside over sorceries 
or incantations.* 

There were many other infernal deities, of whom the chief 
were the fates or Destinies,^ the daughters of Jupiter and 
Themis, or of Erebus and Nox, three in number ; Clotho, 
Lachesis, and Atropos, supposed to determine the life of men by 
spinning-. Clotho held the distaff, Lachesis spun, and Atropos 
cut the thread : when there was nothing on the distaff to spin, 
it was attended with the same effect. Sometimes they are all 
represented as employed in breaking the threads.^ The furies,^ 
also three in number, Alecto, Tisiphone, and Megcera ; repre- 
sented with wings and snakes twisted in their hair : holding in 
their hands a torch, and a Avhip to torment the wicked ; mors 
vel Lethum, death ; somnus, sleep, &c. The punishments of 
the infernal regions were sometimes represented in pictures, 
to deter men from crimes.^ 

5. Bacchus, the god of wine, the son of Jupiter and Semele ; 
called also Liber or Lyssus, because wine frees the minds of 
men from care: described as tlie conqueror of India; repre- 
sented always young, crowned with vine or ivy leaves, sometimes 
with horns ; hence called corniger,^ holding' in his hand a tJiyr^ 
sits, or spear bound with ivy : his chariot was drawn by tigers, 
lions, or lynxes, attended by Silenus, his nurse and preceptor, 
bacchanals/" and satyrs. The sacred rites of Bacchus ^^ were 
celebrated every third year^^ in the night-time, chiefly on 
Cithaeron, and Ismenus in Boeotia^ on Ismarus, Rhodope, and 
Edon in Thrace. 

Priapus, the god of gardens, was the son of Bacchus and 
Venus.^"^ 

6. Sol, the sun, the same with Apollo ; but sometimes also 
distinguished, and then supposed to be the son of Hyperion, one 
of the Titans or giants produced by the earth ; who is also put 
for the sun. Sol was painted in a juvenile form, having his 

1 tarrita. neinini parcant. 8 Plaut. Capt. v. 4, ]. 11 Bacchanalia, ois,ia, 

2 Ov. F. W. ai9, &c. 6 Luc. iii. 18. Ov.Pont. 9 Ov. Ep. xiil. 33. vel Dionysia. 

S Liv. xxix. 11. 14. i. 8. 61. Ep. xii. 3. Aui. 10 franiic women, Bac- 12 hence called triete- 

4 veneficiis pra;esse. ii. 6. 46. chte, Thyades vel .Mae- rica. 

5 ParciB, a parcendo, 7 Kurioe vel Dirae, En- nades, Ov. F. iii. 715 13 Serv. Virg. G. iv. 3. 
vel antiphrasin quod mcnides vel Erinnyes. — 770. Ep» iv. 47. 



230 ROMAN ANTIQUITIES. i 

head surrounded with rays, and riding- in a chariot drawn by 
four horses, attended by the Horaj or four seasons : Ver, the 
spring- ; ^]stas, the summer ; Autumnus, the autumn ; and 
Hiems, the winter.^ The sun vias worshipped chiefly by the^ 
Persians under the name of Mithras. 

7. Luna, the moon, as one of the Dii Selecti, was the daughter 
of Hyperion and sister of Sol. Her chariot was drawn only by ' 
two horses. { 

8. Genius, the dcemon or tutelary god, who Avas supposed toj 
take care of every one from his birth during- the whole of life. J 
Places and cities, as well as men, had their particular Genii. 
It was generally believed that every person had two genii,! 
the one good, and the other bad. JDefraudare genium sumiiy 
to pinch one's appetite ; indulgere genio, to indulge it.- 

Nearly allied to the genii were the lares and penates, house- ] 
hold-gods, who presided over families. 

The Lares of the Romans appear to have been the manes of! 
their ancestors.^ Small waxen images of them, clothed with a i 
skin of a dog, were placed round the hearth in the hall.* On ! 
festivals they were crowned with garlands, and sacrifices were • 
offered to them.^ There were not only jMres domestici et ' 
farniliares, but also compitales et vialeSy militares et marini, &c. 

The Penates^ were worshipped in the innermost part of the 
house, Avhich was called penetralia : also impluvimn, or com- \ 
pliivium. There were \\ke\\\^e publici Penates, worshipped ia ; 
the capitol, under whose protection the city and tempks were. ' 
These Tineas brought with him from Troy. Hence pati ii 
Penates, JamUiaresque.'^ | 

Some have thought the Lares and Penates the same ; and I 
they seem sometimes to be confounded. They Avere, however, I 
different.^ The Penates were of divine origin ; the Lares, ot | 
human. Certain persons were admitted to the worship of the | 
Lares, who were not to that of the Penates. The Penates were ! 
worshipped only in the innermost part of the house, the Lares ] 
also in the public roads, in the camp, and on sea. ] 

Lar is often put for a house or dwelling: apto cum lare 
fundus^ a farm with a suitable dwelling-. So Penates : thus, 
nostris succede Penatihus hospes,^^ come under our roof as our 
guest. 

DII MINORUM GENTIUM, OR INFERIOR DEITIES. 

These Avere of various kinds : 

1 Ov. Met. ii. 25. omne quo vescuntur Dii per quos penitus Virg. ^En. ii. 293. 717. 

2 Ter. Piior. i. 1. 10. homines, peiius: sive spiramus, Maciob. Sat. iii. 148. iv. 598. 
Pers. V. 151. quod penitus insident, iii. 4. idem ac Magni 8 Liv. i. 2J. Cic. Ouin, 

3 Virg. /En. ix. 255. —either from penus, Dii, Jupiter, .luno, Mi- 20, 27. A''err. iv. 2'2. 

4 in atrio. all kinds of human nerva, Serv. Virg. 9 Hor. Od. i. 12. 44. 

5 Plaut. Trin. 1. 1. Jnv. provisions ; or because /Rn. ii.296. Ov F. vi. 95. 302. S.'9, 
xii-89. Suet. Aug.31. they reside within, 7 Cic. Dum. 57. Suet. 10 Virg. Mn. viii. 13». 

Csiveapena; cstenim Cic. Nat. Deor. ii. 27. f^\i'i- '^i- I^iv. iii. i7t Pliii. Pan. -l? 



RELIGION OF THE ROMANS, 231 

1. Dii iNDiGETEs, or heroes, ranked among the o'ods on ac- 
count of their virtue and merits ; of whom the chief were, — 

Hercules, the son of Jupiter, and Alcmena wife of Amphi- 
tryon, king- of Thebes; famous for his twelve labours, and 
orher exploits : squeezing- two serpents to death in his cradle, 
killing- the lion in the Nemasan wood, the hydra of the lake 
Lerna, the boar of Eryraanthus, the brazen-footed stag on 
mount Blenalus, the harpies in the lake of Stymphalus, Dio- 
medes, and his horses, who Avere fed on human flesh, the wild 
bull in the island of Crete, cleansing the stables of Augeas, 
subduing the Amazons and Centaurs, dragging the dog Cer- 
berus from hell, carrying oflf the oxen of the three-bodied 
Geryon from Spain, fixing pillars in the f return Gaditanum, or 
straits of Gibraltar, bringing away the golden apples of the 
Hesperides, and killing the dragon which guarded them, slay- 
ing the giant Antaeus, and the monstrous thief Cacus, &c. 

Hercules was called Alcides, from Alcasus, the father of Am- 
phitryon ; and Tirynthius, from Tiryns, the town whei'e he was 
born ; GEtaeus, from mount Qite, where he died. Being con- 
sumed by a poisoned robe, sent him by his wife Dejanira in a 
fit of jealousy, which he could not pull off, he laid himself on a 
funeral pile, and ordered it to be set on fire. Hercules is re- 
presented of prodigious strength, holding a club in his right 
hand, and clothed in the skin of the Nemaean lion. Men used 
to swear by Hercules in their asseverations : Hercle, MeliercUy 
vel -es ; so under the title of dius fidius, i. e. Deus fidei, the 
god of faith or honour ; thus, pei' Dium Fidium, me Biusjidms, 
sc.juvet} Hercules Avas supposed to preside too over treasures : 
hence dives amico Hercule, being made rich by propitious Hercu- 
les ; dtxtro Hercule, by the favour of Hercules.'^ Hence those who 
obtained great riches consecrated ^ the tenth part to Hercules.^ 

Castor and Pollux, sons of Jupiter and Leda, the wife of 
Tyndarus, king of Sparta, brothers of Helena and Clytemnestra, 
said to have been produced from two eggs ; from one of which 
came Pollux and Helena, and from the other, Castor and 
Clytemnestra. But Horace makes Castor and Pollux to spring 
from the same egg. He, however, also calls them fratres 
HELEN.E, the gods of mariners, because their constellation was 
much observed at sea : called Tyndaridce, Gemini, &c. Castor 
was remarkable for riding, and Pollux for boxing ; represented 
as riding on Avhite horses, with a star over the head of each, 
and (Covered with a cap ; hence called fratres pileati. There 
was a temple at Rome dedicated to both jointly, but called the 
temple only of Castor.^ 

1 Plaut. SaL Cat. 35, 3 pollucebant. Bacch. iv. 1+, 15. Pint. Od. i. 3. 2. 12. 26. Dio 

2 Hor. Sat. ii. 6. 12. 4 Cic. Nat. D. iii. 36. Crass, init. xxxvii. 8. Suet. Cxs. 
Per. ii.ll. Plaut. Stich. i. 3. F\). 5 Hor. Sal. ii. 1. 26. 10. Fest Cat a'.. 

u2 



232 ROMAN ANTIQUITIES. 

^neas, called Jupiter Indig-es ; and Romulus, quirinus, after 
being ranked among the gods, either from quiris a spear, or 
Cures, a city of the Sabines.^ 

The Roman emperors also after their death were ranked 
among the gods. 

2. There were certain gods called semones ; ^ as. 

Pan, the god of shepherds, the inventor of the flute ; said to 
be the son of Mercury and Penelope, worshipped chiefly in 
Arcadia ; hence called Arcadius, and Mcenalius, vel -ides, et 
Lyceus, from two mountains there ; Tege<sus, from a city, &c. 
called by the Romans Inuus ; — represented with horns and 
goat's feet. Pan was supposed to be the author of sudden frights 
or causeless alarms ; from him called Panici terrores? 

Faunus and Sylvanus, supposed to be the same with Pan. 
The wife or daughter of Faunus w as Fauna or Fatua, called also 
Marica and bona dea.* 

There were several rural deities called fauni, who were be- 
lieved to occasion the nightmare.^ 

Vertumnus, who presided over the change of seasons and 
merchandise ; — supposed to transform himself into different 
shapes. Hence Vertumnis naius iniquis, an inconstant man.^ 

I'OMONA, the goddess of gardens and fruits ; the wife of 
Vertumnus.^ 

Flora, the goddess of flowers ; called Chloris by the Greeks.^ 

Terminus, the god of boundaries ; whose temple was always 
open at the top.^ And when, before the building of the capitol, 
all the temples of the other gods were unhallowed,^" it alone 
could not,^^ which was reckoned an omen of the perpetuity of 
the empire. 

Pales, a god or goddess Avho presided over flocks and herds; 
usually t'emimne, pastor ia pales.^^ 

Hymen vel HYMEN.iius, the god of marriage. 

Laverna, the goddess of thieves.^^ 

Vacuna, who presided over vacation, or respite from business.^^ 

Averruncus, the god who averted mischiefs.^^ There were 
several of these. 

Fascinus, who prevented fascination or enchantment. 

RoBiGus, the god, and rubigo, or robigo, the goddess who 
preserved corn from blight.^'' Ovid mentions only the goddess 



1 Ov. F. il 475— 4S0. ephialten immittere, thing above him but 12 Flor. i. 20. 

2 quasi semihomines, Plin. xxv. 4. the stars, Ov. F. ii. 13 Hor. Ep. i. Ifi. 6(». 
minores diis atmajores 6 Prop. iv. 2. Hor. Sat 671. 11 Ov. F. vi. 307. 
hominibus, — inferior to ii. 7. 14. 10 exaugurarentur. 15 mala averruncnbat, 
the supreme gods, but 7 Ov. iVlet. xiv. 623. 11 Liv. i. 55. v. 54. Jovi Varr. vi. 5. 
superior to men, Liv. 8 Lact, i. 26. Ov. F. v. ipsi legi noluit conce- 16 a rubigine, Gell. v. 
viii. 20. 195. dere,— he would not 13. 

3 Cic. Diony. v. 16. 9 Fest.se supra ne quid give place to gre.it 17 Fast. iv. 911. 

4 Mac ob. Sat. i. 13. nisi sidera cernat,— Jove himself, Qell.xii. 

5 ludibria noctis vel that he might see no- 6. Liv. ib. 



RELIGION OF THE ROMANS. 233 

I\Iephitis, the goddess of bad smells.^ Cloacina, of the cloaccB, 
or comnior. sewers. 

Under the Semones Avere comprehended the nymphs,^ female 
deities, who presided over all parts of the earth : over moun- 
tains, Oreades ; woods, Dryades, Hamadryades, Napffias ; rivers 
and fountains. Naiades vel Naiades ; the sea, Nereides, Oceani- 

tides, &c Each river was supposed to have a particular deity, 

who presided over it ; as Tiberinus over the Tiber; '^ Eridanus 
over the Po ; taurino vultu, with the countenance of a bull, 
and horns ; as all rivers w ere represented.* The sources of 
rivers were particularly saci'ed to some divinity, and cultivated 
Avith religious ceremonies. Temples w ere erected ; as to 
Clitumnus, to Ilissus; ^ small pieces of money were thrown into 
them, to render the presiding deities propitious; and no person 
Avas allowed to swim near the head of the spring-, because the 
touch of a naked body was supposed to pollute the consecrated 
waters.^ Thus no boat was allowed to be on the lacus Vadunonis, 
in A\hich were several floating islands. Sacrifices were also 
offered to fountains ; as by Horace to that of Bandusia, whence 
the rivulet Digentia probably flowed.^ 

Under the semones Avere also included the judges in the in- 
fernal regions, Minos, Macus, and Rhadamanthus ; charon, the 
ferryman of heli,^ Avho conducted the souls of the dead in a 
boat over the rivers Styx and Acheron, and exacted from 
each his portorium or freight,^ Avhich he gave an account of to 
Pluto; hence called, portitor : the dog- cerberus, a three- 
headed monster, Avho guarded the entrance of hell. 

The Komaus also Avorshipped the virtues and affections of the 
mind, and the like ; as Piety, Faith, Hope, Concord, Fortune, 
Fame, &c., even vices and diseases ; and under the emperors 
likewise foreign deities ; as Isis, Osiris, Anubis, of the Egyp- 
tians ; ^^ also the Avinds and the tempests : Eurus, the east v.iud ; 
Auster or Notus, the south Avind; Zephyrus, the Avest Avind; 
Boreas, the north Avind; Africus, the south- Avest; Corus, the 
north-Avest; and ^eolus, the god of the Avinds, Avho Avas supposed 
to reside in the Lipari islands, hence called Insul^e yEolife : 
AUR.E, the air-nymphs or sylphs, &c. 

The Romans Avorshipped certain gods that they might do 
them good, and others that they might not hurt them ; as 
Averruncus and Robigus. There Avas both a good Jupiter and 
a bad ; the former was called dijovis/^ or Diespiter, and the 



1 Serv. Virg. ^n. vii. 


niugitusanu3runi,A'et. 


Prob, 214, &c. 


298. pnrthmeus, 


-ens 


84. 


SchMl. Hor. Od. iv. 1+. 


5 Sen. Ep. 41. Flin.Ep. 


Juv. iii. 266. 




3J\^l Ti:n. vili. 31. 


25. sic taurifnrmis vol- 


viii. S. Paus. i. 19. 


9 naulum. 




vitur Aufidus, — so 


6 Tac. Ann. xiv. 2:3. 


10 Cic Nat. D. i 


. 23. 




bull-formed Aufidus 


7 Od. iii. L.-. Ep i. 18. 


iii. 25. Legg. ii 


1 . 


4 quod flumina sunt 


rolls, A^rg. G. iv. oTl. 


101. Plin. ii. 95. s. 96. 


Juv. i. 115. Luc. 


vi.i. 


r.trncla nt taiiri. Kest. 


Ov. Met. ix. pr. .Eiia. 


lOp. viii. 20. 


^■s\. 




vel prupltr iiiijjc'.us ct 


ii. o3. Claud. Lons. 


8 portitor, A' ii-g..i;u.vi. 


11 ajuvando. 





234 ROMAN ANTIQUITIES. 

latter, vejovis, or vedius. But Ovid makes Vejo vis the same 
with Jupiter parvus, or non magnus} 

II. MINISTRI SACRORUM, THE MINISTERS OF SACRED 
THINGS. 

The ministers of religion, among- the Eomans, did not form a 
distinct order from the other citizens.™ They were usually- 
chosen from the most honourable men in the state. Some of 
them were common to all the gods ; ^ others appropriated to a 
particular deity.* Of the former kind were, 

I. The poNTiFicES,^ who were first instituted by Numa, and 
chosen from among the patricians, were four in number till the 
year of the city 454, when four more Avere created from the 
plebeians. Some think that originally there Avas only one 
pontifex ; as no more are mentioned in Livy, i. 20 ; ii. 2. Sylla 
increased their number to fifteen ; they were divided into 
MAJOREs and minores. Some suppose the seven added by Sylla 
and their successors to have been called minores ; and the eight 
old ones, and such as were chosen in their room, majores. 
Others think the majores were patricians, and the minores ple- 
beians. Whatever be in this, the cause of the distinction cer- 
tainly existed before the time of Sylla. The whole number of 
the pontifices was called collegium.'' 

The pontifices judged in ail causes relating to sacred things ; 
and, in cases where there was no written law, they prescribed 
what regulations they thought proper. Such as neglected their 
mandates, they could tine according- to the magnitude of the 
offence. Dionysius says, that they were not subject to the 
power of any one, nor bound to give an account ot their con- 
duct even to the senate, or people. But this must be understood^ 
with some limitations ; for we learn from Cicero, that the 
tribunes of the commons might oblige them, even against their 
will, to perform certain parts of their office, and an appeal 
might be made from their decree, as from all others, to the 
people. It is certain, however, that their authority was very 
gi-eat. It particularly belonged to them to see that the inferior 
priests did their duty. From the different parts of tiieir office, 
the Greeks called them ie^o^iooca>cx7^ot, isQouo/icoi, is^o(pv7^a>cs^, 
is^o(pse,vroi,t, sacrorum doctores, administraiores, custodes, tt 
interprttes? 

From the time of Numa, the vacant places in the number of 
pontifices were supplied by the college, till the year 650 ; Avhen 

1 Fast. iii. 445, &c. dicti. piimum et restitutus 57. Ep. 89. Dioiiy. ii. 
Gell. V. 12. 5 a posse facere, quia saspe, cum ide v sacra 73. Cic. Har. R. 6. 

2 see p. 88. illis jus erat sacra fa- et uls et cis Tiberim Dnm. 12. 

Li omnium deorum sa- ciendi : vel potius a fiant, Varr. L. L. iv. 7 Diony. ii. 73. C'c. 
ceidotes. ponte facioiido, nam ab 15. D ony. ii. 7.;. iii. 45. Pom. 1. 45. 51. Har. 

4 uni alicui numini ud- lis sublicius est Uictus 6 Liy. iv. 4. x. 6. xxii. R. 10. Asu. -Mil. 12. 



MINISTERS OF RELIGION. 235 

Doraitius, a tribune, transferred that right to the people. Sylla 
abrogated this law; but it Avas restored by Labienus, a tribune, 
through the influence of Julius Ccesar. Antony again transferred 
the right of election from the people to the priests;^ thus Lepidus 
was chosen pontifex raaximus irregularly.^ Pansa once more 
restored the right of election to the people. After the battle of 
Actium, permission was granted to Augustus to add to all the 
fraternities of priests as many above the usual number as he 
thought proper ; which power the succeeding emperors exer- 
cised, so that the number of priests was thenceforth very un- 
certain.^ 

The chief of the pontifices was called pontifex maximus ; * 
which name is first mentioned by Livy, iii. 54. He was created 
by the people, while the other pontifices were chosen by the col- 
lege, commonly from among those who had borne the first 
offices in the state. The first plebeian pontifex maximus was T. 
Coruncanius.^ 

This was an office of great dignity and power. The pontifex 
maximus was supreme judge and arbiter in all religious matters. 
He took care that sacred rites were properly performed ; and, for 
that purpose, all the other priests were subject to him. He 
could hinder any of them from leaving the city ; although in- 
vested with consular authority, and fine such as transgressed his 
orders, even although they were magistrates.^ 

How much the ancient Romans respected religion and its 
ministers we may judge from this; that they imposed a fine on 
Tremellius, a tribune of the commons, for having, in a dispute, 
used injurious language to Lepidus the pontifex maximus.^ But 
the pontifices appear, at least in the time of Cicero, to have 
been, in some respects, subject to the tribunes.^ 

It was particularly incumbent on the pontifex maximus to 
take care of the sacred rites of Vesta. If any of the priestesses 
neglected their duty, he reprimanded or punished them, some- 
times by a sentence of the college, capitally.'' 

The presence of the pontifex maximus was requisite in public 
and solemn religious acts ; as when magistrates vowed games or 
the like, made a prayer, or dedicated a temple, also when a 
general devoted himself for his army,^'^ to repeat over before 
them the form of words proper to be used,^^ which Seneca calls 
poNTiFiCALE CARMEN. It was of importance that he pronounced 

i Dio. xliv. fin. xxxvii. 3 Cic. Ep. Brut. 5. Dio. 6 Liv. i. 20. ii. 2. ix.46. Liv. iv. 44. viii. 15. 

37. Diony. ii. 73. Suet. li. 20. liii. 17. Ep. six. 1. xxxvii. 5. xxii. 57. xxvUL ll.Cic. 

Ner. 2. Asc. C c Cxc 4 quod maximus renim, xl. 2. 42. Cic. Phil. xi. Har. resp. 7. Legs. ii. 

3. Rull. ii. 7. Veil. ii. quae ad sncra, et reli- 8. Tac. Ann. iii. 5ti, 51. 9. 

li'. giones pertinent, ju- 7 sacrorumque quam 10 Liv. iv.27. viil.9. ix, 

2_ ib. furto creatns, Vel. dex sit, Fest. judex magistratuum jus po- 46. x. 7. 28. xxxi. 9. 

ii. 61. in confusione atque arbiter rerum tentius fuit, Liv. i-p. xxxvi. 2. 

rcrum ac tumuitu, divinarum atque hu- xlvii. 11 iis verba praeire, v. 



pontificatum maximum manaruni, Id. in ordo 8 Cic. Dom. 4S. carmen proefari, ib. v. 

intercejit, Liv. Ep. sacerdaturn. t) Uv. F. iii. 417. Gell. 41. 

117, 5 Liv, xxv. 5. Ej. xviii. i. 12. Sen. Gun, i. i. 



23G ROMAK AN'iIQUITIES. 

the words without hesitation. He attended at the Coniitia, 
especially when priests were created that he might inaugurate 
them, likewise when adoptions or testaments were made.^ At 
these the other pontifices also attended : hence the Comitia 
were said to be held, or what was decreed in them to be done, 
apud pontifices vel pro collegio pontijicum, in presence of; 
solennia pro pontifice suscipere, to perform the due sacred rites 
in the presence, or according to the dii'ection, of the pontifex 
maximus. Any thing done in this manner Avas also said ponti- 
ficio jure fieri. And when the pontifex maximus pronounced 
any decree of the college in their presence, he was said pro col- 
legio RESPONDERE.^ The dccision of the college was sometimes 
contrary to his own opinion. He, however, Avas bound to obey 
it. What only three pontifices determined was held valid. 
But, in certain cases, as in dedicating a temple, the approbation 
of the senate, or of a majority of the tribunes of the commons, 
was requisite."^ The people, Avhose power was supreme in every 
thing,^ might confer the dedication of a temple on whatever 
person they pleased, and force the pontifex maximus to officiate, 
even against his will ; as they did in the case of Flavius. In 
some cases the fiarnines and rex sacrorum seemed to have 
judged together with the pontifices, and even to have been 
reckoned of the same college.^ It was particularly the province 
of the pontifices to judge concerning marriages.'' 

The pontifex maximus and his college had the care of regu- 
lating the year, and the public calendar, called fasti kalendares, 
because the days of each month, from kalends to kalends, or 
from beginning to end, were marked in them through the whole 
year, what days were fasti^ and what nefasti, &c., the know- 
ledge of which was confined to the pontifices and patricians,^ till 
C. Flavius divulged them.^ In the fasti of each year were also 
marked the names of the magistrates, particularly of the consuls. 
Thus, enumeratio fastorum, quasi annorum ; fasti memores, per- 
manent records ; picti, variegated Avith different colours ; sig^ 
nantes temporal Hence a list of the consuls, engraved on 
marble, in the time of Constantius, the son of Constantine, as it 
is thought, and found accidentally by some persons digging in 
the forum, A. D. ]5i5, are called fasti consulares, or the 
Capitolian marbles, because beautified, and placed in the Capi- 
tol, by cardinal Alexander Farnese. 

In latter times it became customary to add, on particular 



1 Cons. Marc. 13. Val. 3 Lir. jx. 46. xxxi. 9. 7 Liv. iv. 3. Fest. Suet. white tablets, Liv. ix. 
Max. viii. 13. 2. Liv. resp. Har. 6. Jul. 40. Aug.31.Macr. 46. see p. 154. 

xxvii. 8- xl. 43. Tac. 4 cujus est surania po- ^at. i. 14. 9 Liv. ix. 18. Vul. Mhx. 

Hist. i. 15. Gell. v. 19. testas omnium rerum, 8 fastos circa forum in vi. 2. Cic. Sext. 14. At. 

XV. a?. Cic. Dom. 13. Cic. ib, albo proposuit, - he iv. 8. Pis. 13. Fam. v. 

Piiii. Pan. 37. 6 Cic. Dom. 49. 52. Liv. hung up to public 12. Tusc. i. 2S, Hor, 

2 Cic. Dom. li. 53. Liv. 6 Tac. Ann. i. 10. Dio. vie«-, around ihe to- OJ. iii. 17. 1. iv. 14. 4. 
".^7. xlvii. 44. luii), the calentU- on Ov. F. i. 11. 057. 



MINISTERS OF RELIGION. 237 

days, after the name of the festival, some remarkable occur- 
rence. Thus, on the Lupercalia, it was marked ^ that Antony 
had offered the crown to Cassar. To have one's name thus 
marked ^ was reckoned the highest honour (whence, probably, 
the orig-in of canonization in the church of Eome) ; as it was the 
greatest disgrace to have one's name erased from the fasti.^ 

The books of Ovid, Avhich describe the causes of the Roman 
festival for the Avhole year, are called fasti.* The first six of 
them only are extant. 

In ancient times, the pontifex maxiraus used to draw up a 
short account of the public transactions of every year in a book,^ 
and to expose this register in an open place at his house, where 
the people might come and read it ; ^ which continued to be 
done to the time of 31ucius Scaevola, who was slain in the mas- 
sacre of Marius and Cinna. These records were called, in the 
time of Cicero, annales maximi^ as having been composed by 
the pontifex maximus. 

The annals composed by the pontifex before Rome was 
taken by the Gauls, called also commentarii, perished most of 
them with the city. After the time of Sylla, tiie pontifices seem 
to have dropped the custom of compiling annals ; but several 
private peisons composed historical accounts of the Roman 
affairs ; which from their resemblance to the pontifical records 
in the simplicity of their narration, they likewise styled annals ; 
as Cato, Pictor, Piso, Hortensius, and Tacitus.^ 

The memoirs ^ w hich a person wrote concerning his own 
actions Avere properly called commentarii, as Julius Caesar 
modestly called the books he wrote concerning his wars ; ^" and 
Gellius calls Xenophon's book concerning the words and actions 
of Socrates ^^ Memorabilia Socratis. But this name was applied 
to any thing which a person wrote or ordered to be written as a 
memorandum for himself or others,^- as the heads of a discourse 
vi'hich one was to deliver, notes taken from the discourse or 
book of another, or any book whatever in which short notes or 
memorandums were written : thus, commentarii regis Numce, 
Servii Tullii, Eumtnls, regum, Ccesaris, Trajani. Hence a com- 
rnentartis, a clerk or secretary. Ccelius, in writing to Cicero, 
calls the acta publica, or public registers of the city, commenta- 

RIUS RERUM URBANARUM.^'^ 

In certain cases the pontifex maximus and his college had the 

1 ailscriptum est, Cic. de consulibus et regi- ii. 40. 58. vi. 1. x,9. 37, opus esset, notes to 
Phil. ii. 34. bus eJiti sunt, Isid. vL &c. Diony. iv. 7. 15. help the memory. 

2 adsciiplum. 8. L^"^"" '• ^'^^ ^ell. ii. 16. 13 Cic. Brut. 44. Rab. 

3 Cic. Kp. Brut. 15 .Pis. 5 in album efferebat, 9 iTTOfi,vnij.a.ra. perd. 5. Att. xiv. 14. 
13. Sext. 14. Verr. ii. vel potius referebat. 10 Cic. Brut. 73. Fam. Fani. viii. ll.Plin.Ep. 
53. iv. fin. Tac. Ann. 6 proponebat tabulam v. 12. Syl. 16. Ver. v. x 106. Gruter, p. 89 
i. 15. iii. 17.0v.F.i.9. domi, potestas ut esset 21. Suet. Aug. 74. Tib, Quin. ii. 11. 7. lii. sl 

4 ()v. t". i. 7. Fastorum populo cognos endi. (il. Cajs. 50. 67 iv. 1. 69. x. 7. 3(t, 
libri appeljantur, in 7 Cic. Or. ii, 13. Gel.ly. 11 dJro^^J^^orev/iaTo.xiv Liv. i, 31, 32. 60. xf. 
quibus I'ltius anni fit 5. i. 11. 6. 

descriptio, Fcst. quia 8 Cic ib. Liv. i. 44. 55. 12 quK commeminisse 



238 ROMAN ANTIQUITIES. 

power of life and death ; but their sentence might be reversed 
by the people.^ 

The pontifex maximus, although possessed of so great power, 
is called by Cicero privatus, as not being a niagistrate.- But 
some think that the title pontifex maximus is here applied to 
Scipio by anticipation, he not having then obtained that office, 
according to Patt-rculus, contrary to the account of Appian, and 
Cicero himself elsewhere calls him simply a private person. 
Livy expressly opposes pontifices to privatus.'^ 

The pontifices wore a robe bordered with purple,^ and a 
w oollen cap,^ in the form of a cone, uith a small rod ^ wrapt 
round with wool, and a tuft or tassel on the top of it, called 
APEX, often put for the whole cap ; thus, iratos tremere regum 
apices, to fear the tiara nodding on the head of an enraged 
Persian monarch ; or for a Avoollen bandage tied round the 
head, which the priests used instead of a cap for the sake of 
coolness.'' Sulpicius Galba was deprived of his office on account 
of his cap having fallen^ from his head in the time of a 
sacriHce. Hence apex is put for the top of any thing ; as, 
montis apex, the summit of the mountain ; or for the highest 
honour or ornament ; as, apex senectutis est auctoritas, authority 
is the crown of old age.^ 

In ancient times the pontifex maximus was not permitted to 
leave Italy. The first pontifex maximus freed from that re- 
striction was P. Licinius Crassus, A. U. 618 ; so afterwards 
Cajsar.^ 

The office of pontifex maximus was for life, on uhich account 
Augustus never assumed that dignity wliile Lepidus was alive, 
which Tiberius and Seneca impute to his clemency ; but with 
what justice, we may learn from the manner in which Augustus 
behaved to Lepidus in other respects. For, after depriving him 
of his share in the Triumvirate, A. U. 718, and conhning liini 
for a long time to Circeji under custody, he forced him to come 
to Rome, against his will, A. U. 736, and treated him with great 
indignity.^" After the death of Lepidus, A. U. 741, Augustus 
assumed the office of pontifex maximus, which was ever after 
held by his successors, and the title even by Christian emperort 
till the time of Gi-atian, or rather of Theodosius ; for on one of 
the coins of Gratian this title is annexed. When there were 
two or more emperors, Dio informs us that one of them only 
was pontifex maximus ; but this rule was soon after violated. ^^ 

1 Asc. Cic. Mil. 12. xxxiii. 28. Lamp. Alex. Cic. Le^g. i. ]. Liv. 22. 

Har. resp. 7. Legj. ii. Sev. 40. vi. 41. Hor. Od. iii. 21. 10 Dio xlix. 12. liv. 15. 

9. Liv.xxxvii.51.xl. 2. 4 galerus, pile;is vel 19. Ivi. 30. Ixix. 15. Suet. 

^ Cic. Cat. i. 2. Oft', i. tutulus, Fest. & Var. 7 apex prolapsus. 16. .-Vug. 31. Seji. Gle. 

22. Paterc. ii. 3. A pp. vi. 3. 8 Val. Max. i. I. 4. Sil. i. 10. 

BelL Civ. i. p. 539. 5 virgula. xli. 709. Cic. Sen. 17. 1 1 ib. 27.0v.lf. Hi. 120. 

i.iv. V. 52. 6 Serv. Virpr. Mn. ii. 9 Liv. xxviii. 38.44. Ep. Zos. iv. 3t). Die. liii. 

S tuga prsetexta, Liv. 683. viii. 66-1. x. 27U. 59. Dio. frag. 62. Suet, 17. Cap. Balb. S. 



MINISTERS OF RELIGION. 239 

The hierarchy of the church of Rome is thought to have been 
established partly on the model of the pontifex maxim us and 
the coUeg-e of pontifices. 

The pontifices mfisimi always resided in a public house/ 
called REGiA.^ Thus, when Augustus became pontifex maximus, 
he made public a part of his house, and gave the regia (which 
Dio calls the house of the rex sacrorum) to the vestal virg-ins, to 
whose residence it was contiguous ; whence some suppose it the 
same with the regia NumcB, the palace of Numa, to which Horace 
is supposed to allude under the name of rnonumenta regis, Od. 
i. 2, 15, and Augustus, Suet. 76; said afterwards to sustain the 
atrium of Vesta, called atrium regium. Others suppose it dif- 
ferent. It appears to have been the same with that regia men- 
tioned by Festus in equus October, in which was the sanctuary 
of Mai's ; for we learn from Dio that the arms of Mars, i. e. the 
ancilia, Avere kept at the house of Cffisar, as being pontifex 
maximus.^ Macrobius says that a ram used to be sacrificed in it 
to Jupiter every nundincB or market-day, by the wife of the 
fiamen dialisJ^ 

A pontifex maximus was thought to be polluted by touching, 
and even by seeing, a dead body ; as Avas an augur. So the 
high priest among the Jews. Even the statue of Augustus was 
removed from its place, that it might not be violated by the 
sight of slaughter. But Dio seems to think that the pontifex 
maximus was violated only by touching a dead body.^ 

II. Augures, anciently called auspices,^ whose office it Avas to 
foretel future events, chiefly from the flight, chirping, or feeding 
of birds,^ and also from other appearances; a body of priests^ 
of the greatest authority in the lioman state, because nothing 
of importance AAas done respecting the public, either at home or 
abroad, in peace or in Avar, Avithout consulting them,^ and 
anciently in affairs of great consequence they Avere equally 
scrupulous in private.^" 

Augur is often put for any one Avho foretold futurity. So, 
augur Apollo, i. e. qui augurio jprceest, the god of augury.^- 
AusPEX denoted a person Avho observed and interpreted omens,^^ 
particularly the priest Avho officiated at marriages. In later 
times, Avhen the custom of consulting the auspices was in a gTeat 
measure dropped, those employed to Avitness the signing of the 
marriage-contract, and to see that every thing was rightly per- 

1 habitavit, sc. Caesar, 3 Ov. F. vi. 263. Trist. 7 ex avium gestu vel Ver. v. 6. vel capto, 
in sacra via, domo iii. 1. 30. Dio. xliv. 17. garriiu et spectlone, SiiPt. Aug. 95. 
publlca. Suet. Ca;s.46. liv. 27. Llv. xxvi. 2/. Fest. Gic. Fam. vi. 6. lU Cic. Div. i. 16. 

2 Plin. Ep. iv. n. 6. Gell. iv. 6. Plut, Q. Hor. Od. iii. 27, &c. 11 Cic. Div. ii. 3, 4. 
quod in ea sacra a rege Rom, 96. 8 aniplissimi sacerdotii Fam. vi. 6. Hor. Od. 
sacrificulo erant solita 4 flaminica, Sat. i. 16. collegium, Cic. Fam. i. 2. 32. Virg. M.x\. iv. 
usurpari, Fest. vpI 5 Sen. 'jons. Marc. 15. iii. lU. 376. 

qund in ea rex sacrili- Tac. Ann. i. 62. Levit. 9 nisi auspicato, Liv. i. 12 auspicia vel oniina, 

cuius habitare consu- xxi. U. Dio. liv.28. 35. 36. vi. 41. sine auspi- Hor. Od. iii. 27. 8. 

esset, Seiv. Viri^.^En. Ivi. 31. Ix. 13. ciis, Cic. Div. i. 2 nisi 

viii. 363 " 6 Plut Q. Roiu. 72. 1 augurio acto, 17. ii, 36. 



240 ROMAN ANTIQUITIES. 

formed, were called auspices nuptiarum, oiherwise proxenetcB^ 
conciliator es, ■7ra()ct,!JV(A,<:piQi, pronubi. Hence auspex is put for a 
favourer or director ; ihns, auspex legis, one who patronised a 
law ; auspices coeptorum operum, favourers ; diis auspicihus^ 
under the direction or conduct of; so auspice musa, the muse- 
inspiring' ; TeucrOy Teucer being your leader.^ 

AuGURiuM and auspicium are commonly used promiscuously ; 
but they are sometimes distinguished. Auspicium was properly 
the foretelling of future events from the inspection of birds ; 
augurium, from any omen or prodigies whatever; but each of 
these words is often put for the omen itself. Augurium salutis, 
when the augurs were consulted whether it was lawful to ask 
safety from the gods.- The omens were also called ostenia, 
poi'tenta, monstra, prodigia.^ The auspices taken before passing 
a river were called peremnia,* from the beaks of birds, as it is 
thought, or from the points of weapons,^ a kind of auspices 
peculiar to war, both of which had fallen into disuse in the time 
of Cicero. 

The Romans derived their knowledge of augury chiefly from 
the Tuscans : and anciently their youth used to be instructed as 
carefully in this art as afterwards they were in the Greek 
literature. For this purpose, by a decree of the senate, six of 
the sons of the leading men at Kome were sent to each of the 
tAvelve states of Etruria to be taught. Valerius Maximus says 
ten.^ It should probably be, in both authors, one to each. 

Before the city of Rome was founded, Romulus and Remus 
are said to have agreed to determine by augury '^ who should 
give name to the new city, and who should govern it when 
built. Romulus chose the Palatine hill, and Remus the Aven- 
tine, as places to make their observations.^ Six vultures first 
appeared as an omen or augury ^ to Remus : and after this 
omen was announced or formally declared,^" twelve vultures 
appeared to Romulus. Whereupon each was saluted king by 
his own party. The partisans of Remus claimed the crown to 
him from his having seen the omen first; those of Romulus, 
from the number of birds. Through the keenness of the con- 
test they came to blows, and in the scuffle iemus fell. The 
common report is, that Remus was slain by Romulus for having, 
in derision, lept over his walls.^^ 

After Romulus, it became customary that no one should enter 
upon an office without consulting the auspices. But Dionysius 

1 Od. i. 7. 27. Ep. i. 3. 2 Dio. xxxvii. 24. li.21. 42. 9 auguiiiim. 

13. Liv. xlii. )i. Juv. Suet. Aug. 31. Tac. 4 Fpst. Cic. Nat. D ii. 10 iiuiiciato augnrio, 

X. 336. Cic. Clu. 5. Ann. xii. 23, Cic. Div. 3. Div. ii. 36. or, as Cicero calls it, 

Nat. D. i. 15. ii. 3. i. 47. Nat. D. ii. 3. 5 ex acuminibus, ib. decaiitato, Div. i. 47. 

Legg. ii. 13. Div. i. Non. v. oO. Virg. .^ii. (i i, 1. Liv. ix. 36. Clc. see p. 74. 

16. AU. ii. 7. Virg. i. 392. iii. 89. 49^. Le?g. ii. 9 Div. i. 41. 11 Liv. i. 7. 

.^n. Ui. 20. iv. 45. 3 quia osteiidunt, por- 7 auguriis legere. 

Plaut. Cas. pro]. 8b, tendunt, monstrant, 8 templa ad inauguran- 

Suet. Claud. 26. praedicunt, Cic, Div. i. dum. 



MINISTERS OF RELIGION. 241 

informs us that, in his time, this custom was observed merely 
for form's sake. In the morning- of the day on which those 
elected Avere to enter on their magistracy, they rose about 
twilight, and repeated certain prayers under the open air, 
attended by an augur, who told them that lightning had appeai'- 
ed on the left, which was esteemed a good omen, although no 
such thing had happened. This verbal declaration, although 
false, Avas reckoned sufficient.^ 

The augurs are supposed to have been first instituted by 
Romulus, three in number, one to each tribe, as the hariispices, 
and confirmed by Numa. A fourth Avas added, probably by 
Servius Tullius, when he increased the number of tribes, and 
divided the city into four tribes. The augurs Avere at first all 
patricians ; till A. U. 454, when fiAe plebeians Avere added. 
Sylla increased their number to fifteen. They Avere at first 
chosen, as the other priests, by the Comitia Curiata, and after- 
wards underwent the same changes as the pontifices '^ The chief 
of the augurs was called magister collegii. The augurs en- 
joyed this singular privilege, that, of Avhatever crime they Avere 
guilty, they could not be deprived of their office : because, as 
riutarch says, they Avere intrusted Avith the secrets of the 
empire. The laws of friendship Avere anciently observed Avith 
great care among the augurs, and no one Avas admitted into 
their number Avho AAas known to be inimical to any of the 
college. In delivering their opinions about any thing in the 
college, the precedency was ahvays given to age.^ 

As the pontifices prescribed solemn forms and ceremonies, 
so the augurs explained all omens.* They derived tokens ^ of 
futurity chiefly from fiAe souxxes : from appearances in the 
heavens, as thunder or lightning; from the singing or flight of 
birds ; ^ from the eating of chickens ; from quadrupeds ; and 
from uncommon accidents, called dircB \. -a. The birds Avhich 
gave omens by singing,^ Avere the raA'en,^ the crow,^ the owl,^" 
the cock ;^^ by flight,^^' Avere the eagle, vulture, &c. ; by feeding, 
chickens,^^ much attended to in Avar;^* and contempt of their 
intimations Avas supposed to occasion signal mis-fortunes ; as in 
the case of P. Claudius in the first Funic Avar, Avho, Avhen the 
person Avho had the charge of the chickens ^^ told him that they 
Avould not eat, Avhich Avas esteemed a bad omen, oi'dered them 
to be thrown into the sea, saying. Then let them drink. After 
which, engaging the enemy, he Avas defeated Avitli the loss of his 
fleet.^^ Concerning ominous birds. &c. see Stat. Theb. iii. 502, &c. 



1 Diony. ii. 6. iii. 35. 


4 Gic. Har. 9. 


&c. Pest. Plin. X. 20. 


14 Plin. X. 22. s. 21. 


2 Liv. i.l3.iii..37. X.6, 


5 siijna. 


s. 22. 29. s. 42. 


Liv. X. 40. 


9. Ep. Ixxxix. Diony. 


6 Stat. Theb. iii. 482. 


].2 alites vel prsepefes, 


15 puUarius. 


ji. 22. 64. iv. 34. see p. 


7 oscines. 


Gell. vi. 6. Serv. Virg. 


16 Gic. Nat. D. ii. 3. 


235. 


8 corvus. 


Mn. iii. 361. Gic. Div. 


Div. i. 16. Liv. F.p. 19. 


3 Gic. Sen. 18.Fam.iiI. 


9 cornix. 


i.47. Nat. £». ii.64. 


Val. Max. i. 4. 3. 


10. Plin.Ep.iv.S.Plut. 


]0 noctua vel bubo. 


IS pulli.Cic.Divr.ii.34. 




Q.Rom. 97. 


11 gallus salliiiKceus, 


see p. 74. 





242 



ROMAN ANTIOUITIES. 



The badges of the augurs^ were, 1. A kind of robe, called 
TRABEA, striped with purple,^ according to Servius, made of 
purple and scarlet.^ So Dionysius, speaking of the dress of the 
kSalii, describes it as fastened with clasps;* hence dihaphum^ 
cogitare, to desire to be made an augur; dihapho vestire, to 
make one. 2. A cap of a conical shape, like that of the ponti- 
fices.*^ 3. A crooked staff, which they carried in their right 
hand, to mark out the quarters of the heavens,'' called lituus.^ 

An augur made his observations on the heavens^ usually in 
the dead of the night,^" or about twilight.^^ He took his station 
on an elevated place, called arx or templum, vel tabernaculum, 
which Plutarch calls gkyivti,^'^ wliere the view was open on all 
sides; and, to make it so, buildings Avere sometimes pulled 
down. Having first offered up sacrifices, and uttered a solemn 
prayer,^^ he sat down^^ with his head covered,^^ and, according 
to Livy, i. 18, with his face turned to the east; so that the parts 
towards the south were on the right,^'' and those towards the 
north on the left." Then he determined with his lituus the 
regions of the heavens from east to west, and marked in liis 
mind some objects straight forward,^^ at as great a distance as his 
eyes could reach ; within which boundaries he should make his 
observation.^^ This space was also called templum.-" Dionysius 
and Hyginus give the same description with Livy of the posi- 
tion of the augur, and of the quarters of the heavens. But 
Varro makes the augur look towards the south, which he calls 
pars antica ; consequently, the pars sinistra was on the east, 
and dextra on the west: that on the north he calls posticar^ 
In whatever position the augur stood, omens on the left among 
the Romans were reckoned lucky ; but sometimes omens on the 
left are called unlucky,^'^ in imitation of the Greeks, among 
whom augurs stood with their faces to the norJi : and then the 
east, which was the lucky quarter, was on the right.-^ Hence 
dexter is often put for felix vel faustus, lucky or propitious, 



1 ornamenta auguralia, 
Liv.x. 7. 

2 virgata vel palinata, 
a trabibus dicta. 

3 ex purpura et cocco 
iiiistum, Virg. /En. vii. 

ii. 70. 

5 i. e. purpuram bis 
tinctam. 

6 Cic. Fam. ii. 10. Att. 



7 quo regiones coeli 
determinarent. 

B baculus V. -urn, sine 
nndo aduncus, Liv. i. 
18. incurvum et leviter 
a summo inflexum ba- 
cillum, quod ab ejus 
litui, quo canitur, si- 
militudine nomen inve- 
nit, Cic. Div. i. 17 



virga brevis, in parte 
qua robustior est, in- 
curva, Gell. v. 8. 

9 servabat de ccelo, v. 
ccellim, Cic. Div. ii. 35. 
Dom. 1.5. Phil. ii. 32. 
Luc i. tiOl. V. 395. 

10 post mediain noctem, 
Gell. iii. 2. media noc- 
te, Liv. xxxiv. 1-1. 
cum est silentlum, 
Fest. nocte silentio, 

aperto ccelo, ita ut 
apertis uti Uceat lu- 
cernis, Plut. O. R. 71. 
id silentlum mclmus in 
auspicio, qund omni 
vitio caret, Cic. Div. 



.44. 
Diony. ii. 5. 

Mavc, p. 300. Li 



18. iv. 7. Cic. Div. ii. 
35. 

13 cfl-ata, plur. Serv. 
Virg. Mn. vi. 197. 
whence efrari tem- 
plum, to cnnsccrate, 
Cic. Att. xiii. <U. hinc 
Jana noniinuta, quod 
pontifices in sacrando 
fati sunt finem, Varr. 
L. L. V. 7. 

14 sedem cepit in solida 
sella. 

15 capite vplato. 

16 partes dextra. 

17 lajviP. 

mo finivit. 

19 Liv. i. 18. 

20 a tuendo ; locus au- 
purii aut auspicii causa 
quibus'-iam conceptis 



verbis finitus, Var. Fi, 

L. vi. 2. Don. Ter. iii. 

5. 42. 
21.Dion. ii. 5. Hyg. di; 

limit. 
23 Plant. Pseud, ii. 4. 

72. Ep. ii. 2. 1. Serv. 

Virg. ."En. ii. 693. ix. 

f)31. Stat. Theb. iii. 

<193. Cic. Legg. iii. 3. 

Div. ii. 35. Gell. v. 12. 

Ov. Trist. i. 8. 49. iv. 

3.69. Kp.ii. 115. Virg. 

Kcl. i. 18. ix. 15. Suet. 

Claud. 7. Vit.g.Diony. 

ii. 5. 
23 sinistrum, quod bo- 

imm sit, nostri nomi- 

naverunt, externi, so. 

GraEci, ctextrum, Cic 

Div. ii. 36. 



MINISTERS OF RELIGION. 2^3 

and sinister for infelix, infaustus, \e\ funestus, unlucky or un- 
favourable. Thunder on the left was a g-ood omen for every 
thing- else but holding the Gomitia.^ The croaking of a raven ^ 
on the right, and of a crow ^ on the left, was reckoned fortunate, 
and vice versa. In short, the whole art of augury among the 
Romans was involved in uncertainty.* It seems to have been at 
first contrived, and afterwards cultivated, chiefly to increase the 
influence of the leading men over the multitude. 

The Romans took omens ^ also from quadrupeds crossing the 
way, or appearing in an unaccustomed place ; '' from sneezing,^ 
spilling salt on the table, and other accidents of that kind, 
which were called dira, sc. signa, or dire. These the augurs 
explained, and taught how they should be expiated. When 
they did so, they were said commentari.^ If the omen was 
good, the phrase was, impetritum, inauguratum est, and hence 
it was called augurium impetrativum vel optatum. Many curi- 
ous instances of Roman superstition, with respect to omens and 
other things, are enumei'ated by Pliny, as among the Greeks by 
Pausanias.^ Caesar, in landing at Adrumetum in Africa with 
his army, happened to fall on his face, which was reckoned a 
bad omen ; but he, with great presence of mind, turned it to 
the contrary ; for, taking hold of the ground with his right 
hand, and kissing it, as if he had fallen on purpose, he ex- 
claimed, I take possession of thee, O Africa ! ^^ 

Future events Avere al&o prognosticated by drawing lots ; ^^ 
thus, oracula sortibus cequatis ducuntur, that is, being so adjusted 
that they had all an equal chance of coming out first.^- These lots 
were a kind of dice ^■^ made of wood, gold, or other matter, with 
certain letters, words, or marks inscribed on them. They were 
thrown commonly into an urn, sometimes filled Avith Avater,^* 
and draAvn out by the hand of a boy, or of the person Avho con- 
sulted the oracle. I'he priests of the temple explained the 
import of them. The lots Avere sometimes throAvn like common 
dice, and the throws esteemed favourable or not, as in playing-. 
SoRTEs denotes not only the lots themselves, and the ansAver 
returned from the explanation of them, thus, sortes ipsas et 
cetera, qiue erant ad sortem, i. e. ad responsum reddendum, 
varata, disturbavit simia^^ but also any verbal responses Avhat- 
ever of an oracle : ^'^ thus, oraculum is put both for, the temple, 
and the answer given in it." Tacitus calls by the name of sortes 

1 Virg. Mn. iv. 579. ult. xxii. 1. 11 sortibus ducendis, 16 sortes qnse vaticina- 
viii. 302. i 441. Plin. 7 ex sternutatione. Cic. Div. ii.33. i. 18. tione funduiitur, quae 
Kp. i. 9. vi"i. 28. Tac. 8 Cic. Am. 2. Div. i. 16. 12 Plaut. Cas. ii. 6.35. oracla verius diclmus, 
Hist. V. 5. Cic. Div. li. ii. 40. Die. xl. 18. Ov. 13 tali v. tesserae. Glc. Div. ii. 33. £6. 
18.35. Am. i. J2. 14 Plaut. Cas. ii. 6. 2S. dictffi per carmina sor- 

2 corvus. 9 Paus. iv. 13. Plin. 32, 33. -16. Suet Tib. tes, H or. Art. P. 403. 

3 cornix. xxviii. 2. Plaut. As. ii. Paus. Mes. iv. 4. Elia. Liv. i. 56. v. 15. A'irfT. 

4 Cic. Div. i. 7. 39. H. Serv. Virg. .•£!!. v. v. 25. Cic. Div. ii. 41. /En. iv. 346. vi. Ti. 

5 omina captabant. 190. 15 Cic. Div. i. 34. Liv. Qv. Ulet. i. 368. 3SI. 

6 Juv. xiii. Ii2. Hor. 10 teneo te, Africa, Ino. viii. 21. Suet. Tib. 14. 17 Cir. Font. 10. Div. 
Od. iii. 37. Liv. xxi. xlii. fin. Suet Jul. oh Prop. iv. 9. 19. i.l. 34.51. Ep. Brut 8. 

x2 



214! ROMAN ANTIQUITIES. 

tlie manner in which the (irermans used to form conjectures 
about futurity. They cut the branch of a tree into small parts 
or slips/ and, distinguishing- these slips by certain marks, scat- 
tered them at random ^ on a white cloth. Then a priest, if the 
presage was made for the public,^if in private, the master of a 
family, having- prayed to the gods, and looking to heaven, took 
up each of the slips three times, and interpreted it according to 
the mark impressed on it. Of prophetic lots, those of Prceneste 
were the most famous.* Livy mentions among unlucky omens 
the lots of Caere to have been diminished in tlieir bulk,^ and of 
Falerii. Omens of futurity were also taken from names.^ 
Those who foretold futurity by lots or in any manner whatever, 
were called sortilegi, which name Isidorus applies to those 
who, upon opening any book at random, formed conjectures 
from the meaning of the first line or passage Avhich happened to 
cast up : ^ hence, in later writers, we read of t!ie sortes virgi- 
LiAN.i:, HomericfS, &c. Sometimes select verses were written 
on slips of paper,^ and, being thrown into an urn, were drawn 
out like common lots ; whence of these it was said, sors excidit. 
Those who foretold future events by observing the stars, were 
called ASTROLOGi, mathematici, genethliaci,^ from genesis, vel 
genitura, the nativity or natal hour of any one, or tlie star 
which happened to be then rising,^" and which was supposed to 
determine his future fortune: called also horoscopus\^^ thus, 
geminos^ horoscope, varo (for vario) producis genio ; O natal 
hour, although one and the same, thou producest twins of dif- 
ferent dispositions. Hence a person was said habere imperato- 
riam genesim, to whom an astrologer had foretold at his birth 
that he would be emperor. Those astrologers were also called 
CHALD.Ei or BABYLONii, because they came originally from Chal- 
daea or Babylonia, or Mesopotamia, i. e. the country between 
the conflux of the Euphrates and Tigris : hence Chaldaicis 
rationibus eruditus, skilled in astrology ; Babylonica doctrina, 
astrology ; nee Babylonios tentaris numerus, and do not ti-y 
astrological calculations, i. e. do not consult an astrologer,^- who 
used to have a book,^^ in which the rising and setting, the con- 
junction, and other appearances of the stars Avere calculated. 
8ome persons were so superstitious, that in the most trivial 
affairs of life they had recourse to such books,^"^ which Juvenal 
ridicules, vi. 576. An Asiatic astrologer,^^ skilled in astronomy j^*^ 

1 in surculos. 6 Plaut. Pers. iv. 4. 73. 

2 temere ac fortuito. Baccli. ii. 3. 50. 

3 si publlce consulere- 7 viii. 9. Luc. ix. 581. 
tur. 8 in pittaciis. 

4 Tac. Mor. G. 10. Cic. 9 Spart. Adr. 2. Lamp. 
Div. ii. 41. Suet. Tib. Alex. Sev. 14. Cic. 
6a. Doin. 15. Stat. Syl. Div. i. 38, 39. ii. 42. 
i. 3. 80. Verr. ii. 52. Suet. Aug. 

5 extcnuatae, xxi. 62. 94. Tib. Cal. 57. Tar. 
xiii. 1. Hist. i. 22. Ouv. vi. 



S61.xiv.248.Gell.xiv. 


Div. ii. 47. Lucr. v. 


1- 


726. Diod. ii. 29. 


10 sidus natalitium, Cic. 


13 ephenieris, v. plur 


Div. ii. 43. Juv. xiv. 


-ides. 


243. Si,et. TA. 9. 


14 Piin.xxix. 1. 


11 ab liora iiispicienda. 


15 Phryx Augur et In- 


12 Hor. Od.i. 11. Fers. 


dus. 


vi. 18. Suet. Vesp. 14. 


16 astrorum muadique 


Dom. 10. Strab. xvi. 


peiitiis. 


739. VVm. vi. 23. Cic. 





MINISTERS OF RELIGION. 24-5 

was consulted by the rich ; the poox- applied to common fortune- 
tellers,^ who usually sat in the Circus Maximus, which is there- 
fore called by Horace fallax.^ 

Those who foretold future events by interpreting dreams 
were called conjectores ; by apparent inspiration, harioli \&\ 
divini, vates vel vaticinatores, &c. 

Persons disordered in their mind ^ were supposed to possess 
the faculty of presaging future events. These were called by 
various other names ; cerriti or Ceriti, because Ceres was sup- 
posed sometimes to deprive her worshippers of their reason;* 
also LARVATi,^ and lymphatici or lymphati^ because the nymphs 
made those who saw them mad.^ Isidore makes lymphaticus 
the same \vith one seized Avith the hydrophobia.^ Pavor lym- 
phaticus, a panic fear; nummi auri lymptiatici, burning in the 
pocket, as eager to get out, or to be spent ; mens lymphata 
mar£otico, intoxicated. As hellebore was used in curing those 
who were mad, hence elleborosus , for insanus. Those transport- 
ed with religious enthusiasm Avere called fanatici,^ from fanum, 
a fari, because it was consecrated by a set form of words ; ^^ or 
from FAUNUs.^^ From the influence of the moon on persons 
labouring under certain kinds of insanity, they are called by 
later writers lunatigi. 

Haruspices,^^ called also extispiges, who examined the victims 
and their entrails after they were saci'ificed, and from thence 
derived omens of futurity; also fi'om the flame, smoke, and 
other circumstances attending the sacrifice ; as if the victim 
came to the altar without i-esistance, stood there quietly, fell by 
one stroke, bled freely, &c. These were favourable signs. The 
contrary are enumerated. They also explained prodigies.^^ 
Their office resembled that of the augurs ; but they were not 
esteemed so honourable : hence, when Julius Csesar admitted 
Ruspina, one of them, into the senate, Cicero I'epresents it as an 
indignity to the order. Their art was called haruspigina, vel 
haruspicum disciplina, derived from Etruria, where it is said to 
have been di^scovered by one Tagus, and whence haruspices 
were often sent for to Rome. They sometimes came from the 
East ; thus, Armenius vel Comageniis haruspex^^ an Armenian 

1 sortilegi vel divini. furiosi rt mente nioti, 13. Plaut. Poen. i. 2. 13 Gic.Gat. iii. 8. Div. 

iSat. i. b. 113. If the quasi larvis et spec- 132. Rud. iv. 3. 67. i. 3. ii. 11. Non. i. 53. 

predictions of astrolo- tris exteiriti, Festus, Hor. Od. i. 37. 14. Juv. Stat. Theb. iii. 456. 

gers proved false, they Plaut. Men. v. 4. 2. ii. 113. iv. 123. Cic. Vir? G. iii- 486. Liic 

were sometimes put to 6 Virg. ^n. vii. 377. Div. ii. 57. Doin. 60. i. 609. Suet. Aug. 29. 

death; but if true, they Liv. vii. 17. a nymphis 10 fando,.B'est. Var. L. Piin. vii. 3. 

were richly rewarded, in furorem acti, vv^<po- L. v. 7. 14 .luv. vi. 549. Cic. 

and highly respected, X^7rro», Varr. L. Ij. vi. 11 qui primus fani con- Fani.vi. 13. Div. i. 2. 

Siiet. 'lib. 14.Tac.Aii. 5. qui spcciera (|uan- ditor luit, Serv. Virg. 41. ii. 23. Cat. iii. 8. 

vi. 20.26. Dio. Iv. 11. dam e fonte, id est effi- G. i. 10. O v. Met. xv. 553. Luc 

3 melancholici, cardi- giem nyniph<e, vide- 12 ab haruga, i. e. ab i. 5B4. 637. Censorin. 
aci, et phrenetici. rint, Fest. hostia, Don.Ter. Phor. Nat. D 4. Liv. v. l.'i. 

4 Non. i. 213. Plaut. A. 7 Ov. Ep. iv. 49. iv. 4. 28. vel potius a xxvii. 37. Mart. iii. 21. 
ii. i. 141. Hor. Sat. ii. 8 qui aquam tinieat, victimis, aut extis vie- o, 

:s 278. _ O.p^.^f>/3o5, X. litera L. tiniariim in ara inspi- 

6 Larvatum pleni, i, e. 9 Liv. x. 2S, Jjen. Kp. ciendis. 

x3 



246 ROMAN ANTIQUITIES. 

or Commagenian soothsayer. Females also practised tliis art.^ 
The college of the haruspices was instituted by Romulus. Of 
what number it consisted is uncertain. Their chief was called 
suMMus HARusPKX.- Gato uscd to say, he was surprised that the 
haruspices did not laugh when they saw one another, their art 
was so ridiculous ; and yet wonderful instances are recorded of 
the truth of their predictions.'^ 

III. QuiNDECEMviRi soxris faciundis^ who had the charge of 
the Sibylline books, inspected them, by the appointment of the 
senate, in dangerous junctures, and performed the sacrifices 
which they enjoined. It belonged to them in particular to cele- 
brate the secular games, and those of Apollo.''^ They are said 
to have been instituted on the following occasion : — 

A certain woman, called Amalthaa, from a foreign country, 
is said to have come to Tarquinius Superbus, wishing to sell nine 
books of Sibylline or prophetic oracles. But upon Tarquin's 
refusal to give her the price which she asked, she went away, 
and burned three of them. Returning- soon after, she sought 
the same price for the remaining- six. Whereupon, being ridi- 
culed by the king- as a senseless old woman, she went and 
burned other three ; and coming back, still demanded the same 
price for the thi-ee which remained. Gellius says that the books 
were burned in the king-'s presence. Tarquin, surprised at the 
strange conduct of the woman, consulted the augurs Avhat to do. 
They, regretting the loss of the books which had been destroy- 
ed, advised the king- to give the price required. The woman, 
therefore, having delivered the books, and having desired them 
to be carefully kept, disappeared, and was never afterwards 
seen. Pliny says siie burned two books, and only preserved 
one. Tarquin committed the care of these books, called libri 
siBYLLiNi, or VERSUS,^ to two men'' of illustrious birth; one of 
whom, called Atilius, or Tullius,^ he is said to have punished, 
for being- unfaithful to his trust, by ordering- him to be sewed 
up alive in a sack,*^ and thrown into the sea, the punishment 
afterwards inflicted on parricides,^ In the year 387, ten men ^^ 
were appointed for tliis purpose, five patricians and five plebei- 
ans, afterwards fifteen, as it is thought, by Sylla. Julius Caesar 
made them sixteen. They were created in the same manner 
as the pontifices. The chief of them was called magister col- 

LEGII.^^ 

These Sibylline books were supposed to contain the fate of 
the Roman empire ; and, therefore, in public danger or cala- 

1 aruspiwB, Plaut. Mil. H.i. 27. Suet.Galb.l9. i. 19. Diony, iv. 62. 9 Cic. Rose. Am, 25. 
eior. iii. 1. 99. Cffis, 81. Dio. xliv. 18. Lact. i, 6. Pliii, xiii, 13, 10 decemvui. 

2 Cic.Div.ii.2i.r)iony. 4 Dio. liv. J9. Hor.Car. s. 27. 11 Liv. vi. 37. 42. Scrv. 
ii. 23. Sccc. 72. Tac. Ann. ii. 6 duumviri. Virg. /En. vi. 73. Dio. 

3 Cic. Nat. B. i. 26. 11. vi. 12. 7 Diony. ib, Va!. Max. xlii. 51. xliii. 51. liv. 
Uiv. ii. 2^1. Liv. XXV. 5 Hor. Car. S:oc. 5. i. 1.13. 19. Plin. xxviii. & see 
16. Sail. Ju-. G3. 'lac. Cic. Vcrr. iv. 19. (Jell. 6 in culeum insui, ib. Lex Dumitia. 



MINISTERS OF RELIGION. 247 

inity, the keepers of them were frequently ordered by the senate 
to inspect ^ them. They Avere kept in a stone chpst, below 
ground, in the temple of Jupiter Capitolinus. But the Capitol 
being' burned in the Marsic Avar, the Sibylline books were de- 
stroyed together with it, A. F. 670. Whereupon ambassadors 
Avere sent everywhere to collect the oracles of the Sibyls ; for 
there Avere other prophetic women besides the one Avho came to 
Tarquin ; Lactantius, from Varro, mentions ten ; iSlian, four. 
Pliny says there Avere statues of three Sibyls near the rostra in 
the forum.^ The chief Avas the Sibyl of Cumae,^ Avhom JEneas is 
supposed to have consulted ; called by Virgil Beiphobe, from 
her age, longcBva, vivax,'^ and the Sibyl of Erythras, a city of 
lonia,^ Avho used to utter her oracles Avith such ambiguity, that 
whatever happened, she might seem to have predicted it, as the 
priestess of Apollo at Delphi ; ^ the verses, hoAvever, Avere so 
contrived, that the first letters of them joined together made 
some sense ; hence called acrostichis, or in the plural acrosti- 
chidesJ Christian Avriters often quote the Sibylline verses in 
support of Christianity; as Lactantius, i. 6. ii. 11, 12, w. 6; 
but these appear to have been fabricated. 

From the various Sibylline verses thus collected, the Quin- 
decemviri made out new books ; Avliich Augustus (after having 
burned all other prophetic books,^ both Greek and Latin, 
above 2000), deposited in tAvo gilt cases,^ under the base of the 
statue of Apollo, in the temple of that god on the Palatine hill, 
to Avhich Virgil alludes, BjU. vi. 69, &c., having first caused the 
priests to Avrite over with their oAvn hands a neAV copy of them, 
because the former books were fading Avith age.^" 

The quindecemviri Avere exempted from the obligation of 
serving in the army, and from other offices in the city. Their 
priesthood Avas for life.^^ They Avere properly the pi'iests of 
Apollo ; and hence each of them had at his house a brazen 
tripod,^^ as being sacred to Apollo, similar to that on Avhich the 
priestess of Delphi sat ; Avhich Servius makes a three-footed 
stool or table,^^ but others, a vase Avith three feet and a covering, 
properly called cortina^'^ Avhich also signifies a large round cal- 
dron, often put for the Avhole tripod, or for the oracle : hence, 
tripodas sentire, to understand the oracles of Apollo, When 
tripods are said to have been given in a present, vases or cups 
supported on three feet are understood,^^ such as are to be seen 
on ancient coins. 

1 adire, inspiceie, v. 3 Sibylla Cumsea. 9 forulis auratis. 14 oX/xos. 
consulere, Liv. iii. U). 4 /En, vi. 3l). 98. 391. 10 Suet. Aug. 31. Dio. 15 Pliii. xxxiv. 3. s. 8. 
V. 13. vii. 27. xi. 12. Ov. Met. xir. 1U+. liv. 17. xxxv. 11. s. 4). Varr. 
xxi 62. xxii. 9. xxix. 5 Erythrasa Sibylla, 11 Diony. iv. 62. L. L. vi, 3. Virg. /En. 
10. xxxvi. 27. xxxviii. Cic. Div. i. 18. 12 cortina vel tripus, iii. 92. v. 110. vi. 347. 
•tj.xli. 21. 6 Id. ii. 54. Paus.;v.l2. Serv. A?irg. Mn. iii. Ov. ilet xv.ti35. Her. 

2 xxxiv. 5. s, 10. Tac. 7 a/tpoffT.^«ij, Diony. iv. 332. A''al. Flac. i. 5. iii. 32. Suet. Aug. 52. 
Ann. vi. 12. Paus. X. 62. Suet. Aucr. 52. Hor. Od. iv, & 3. Nep. 
12. Li;c. i.6./lil. xii.35. 8 fatidlci libif. 13 uiensa, i'l. 360. Paus. 1. 



248 ROMAN ANTIQUITIES. 

IV. Septeiviviri epulonum^ who prepared the sacred feasts at 
games, processions, and other solemn occasions. 

It was customary among the Romans to decree feasts to the 
gods, in order to appease their Avrath, especially to Jupiter,* 
during the public games.^ These sacred entertainments became 
so numerous, that the pontifices could no longer attend to them ; 
on which account this order of priests was instituted, to act as 
their assistants. They were first created A. U. 557, three in 
number,^ and were allowed to wear the toga praetexta, as the 
pontitices.* Their number was increased to seven, is is thought 
by Sylla.^ If any thing had been neglected or wrongly per- 
formed in the public games, the Epulones reported it ^ to the 
pontitices ; by whose decree the games on that account were 
sometitnes celebrated anew. Tiie sacred feasts were prepared 
with great magniticence ; hence, ckuob pontijicum, vel pontifi- 
cales, et augurales, for sumptuous entertainments.^ 

The pontitices, augures, septemviri epulones, and quinde- 
cemviri, were called the four colleges of priests.^ When divine 
honours were decreed to Augustus, after his death, a fifth col- 
lege was added, composed of his priests; hence called collegium 
soDALiuM AUGusTALiuM. So FLAviALiuM collegiwn, tile pricsts of 
Titus and Vespasian. But the name of collegium was applied 
not only to some other fraternities of priests, but to any number 
of men joined in the same office ; as the consuls, prsetors, qujes- 
tors, and tribunes, also to any body of merchants or mechanics, 
to those who lived in the Capitol, even to an assemblage of the 
meanest citizens or slaves.^ 

To each of the colleges of pontifices, augures, and quinde- 
cemviri, Julius Cfesar added one, and to the septemviri, three. 
After the battle of Actium, a power was granted to Augustus of 
adding to these colleges as many extraordinai-y members as he 
thought proper ; which poAver was exercised by the succeeding 
emperors, so that the number of those colleges was thenceforth 
very uncertain. They seem, however, to have i-etained their 
ancient names; thus, Tacitus calls himself quindecemvirali 
sacerdotio prceditus, and Pliny mentions a septemvir epulonum.*" 

It was anciently ordained by law, that two persons of the 
same family ^^ should not enjoy the same priesthood.^- But 
under the emperors this regulation was disregarded. 

The other fraternities of priests were less considerable, 
although composed of persons of distinguished rank. 

1 epulum Jovis, v. -i. vir epulo, xl. 42. Dlo. lili. 1. sacerdotes Cic. post red. Sen. 13. 

a ludorum causa, Liv. 5 Gell. i. 12. sing, sep- summorum cnllegio- Sext. 25. Pis. -J. Dora. 

XXV. 2. xxvii. 38. xxix. tern virque epulis leslis, rum. Suet. Aug. 101. 18. 28. Off. iii. 20. 

38. fin. XXX. 39. xxxi.4. Luc. i. 602. 9 Tuc. A.m. iii. W.Dio. 10 Ep. ii. 11. Tac Ann. 

xxxii. 7. 6 afterebant. Ivi. 46. Iviii. 12. Suet. xi. 11. Dio. xlii. 51.lin. 

3 triumviri epulones, 7 Cic. Har. 10. Liv. ib. Duui. 4.Claua.24. Liv. li. 20. liii. 17. 
ijiv.xxxiii.44. Cic. Or. Hor. Od. ii. 14. 23. ii. 27. v. 50. 52. x. 22. 11 «« rw ai.7,,5 "I'yyfiir 
iii. 19. Macrob. Sat. ii. 9. 21. xxxvi. 3. Plin. as. 

4 ib. ill the sing, tiiuui. 8 jtacai.es iepMCfm., xxaiv. 1, Eji. x. 42. 12 Dio. xxxi.'i. 17. 



MINISTERS OF RELIGION. 249 

1. Fratres ambarvales, twelve in number, who offered up 
sacrifices for the fertility of the ground/ Avhich were called 
sacra Ambarvalia, because the victim was carried round the 
fields.^ Hence they M-ere said agros lustrare et purgare, and 
the victim was called hostia ambarvalis,^ attended with a croud 
of country people having their temples bound with garlands o 
oak leaves, dancing and singing the praises of Ceres ; to Avhom 
libations were made of honey diluted with milk and wine : * 
these sacred rites were performed before they began to reap, 
privately as well as publicly. 

This order of priests is said to have been instituted by 
Romulus, in honour of his nurse Acca Laurentia, Avho liad 
twelve sons, and when one of them died, Eomulus, to console 
her, offered to supply his place, and called himself and the 
rest of her sons, fratres arvales. Their ofKce was for life, 
and continued even in captivity and exile. They wore a crown 
made of the ears of corn,^ and a white woollen wreath around 
their temples.^ 

Inful^ erant filamenta lanea, quihus sacerdotes et hosti(E, 
templaque vdabantur.^ The infulcs were broad woollen bandages 
tied with ribands,^ used not only by priests to cover their heads, 
hut also by suppliants.^ 

2. CuRiONEs, the priests who performed the public sacred 
rites in each curia, thirty in number.^'' Heralds who notified 
the orders of the prince or people at the spectacles were also 
called CURIONES. Plautus calls a lean lamb curio, i. e. qui ciira 
muctty which is lean with care.^^ 

3. Feciales, vel Fetiales, sacred persons employed in declare 
ing war and making- peace.^^ The fecialis, who took the oath 
in the name of the Roman people in concluding a treaty of 
peace, was called pater patratus.^^ The feciales ^^ were insti- 
tuted by Numa Pompilius, borrowed, as Dionysius thinks, from 
the Greeks : they are supposed to have been twenty in number. 
They judged concerning every thing which related to the pro- 
claiming of war, and the making of treaties : the forms they 
used were instituted by Ancus.^^ They were sent to the enemy 
to demand the restitution of eflects : ^'° they always carried in 
their hands, or wreathed round their temples, vervain," a kind 
of sacred grass or clean herbs, ^^ plucked from a particular place 

1 ut arva fruses fer- 5 corona spicea. 10 see p. 1. Varr. apud Non. xii. 
rent, Vair. iv. 15. 6 infula alba, Gell. vi. 11 Aul. iii. 6. 27. Plin. 43. Cic Leeg. ii. 9. 

2 arva ambiebat, ter 17. Plin. xviii. 2. Ep. iv. 7. Mart. Praef. Liv. i. 'i,%. 

circum ibat hostia fru- 7 Fest. ii. 16 clarigatum, i. e. res 

ges, Virg. 6. i. 345. 8 vitta, Virg. G. iii. 12 Liv. ix. 5. raptas clare repetitum. 

3 Id. Eel. V. 75. Tibull, 487. Mn. x. 538. Ov. 13 quod jusjurandum 17 verbena, Serv. Virg. 
ii. 1. 1. 17. Macrub. Pont. iii. 2. 74. pro toto populo patra- xii. 12iJ. vel verbeca- 
Sat. iii. 5. Fest. 9 Gss. Bel. Civ. ii. 12. bat, i. e. pra:stabat vel ca. 

4 cui tu lacte favos, i. e. Liv, xxiv. ,30. xxv. 25. pcragebat, Liv. i. 24. 18 sagmina, v. herbsa 
mel, etmiti dilue Bac- Tac. Hist. i. 66. Cic. 14 collegium fecialiura, pur«e. 

cho, Vire. G. i. 344. Verr. iv. 50. Lac. v. Liv. xxxvi. 3. 

3-17. 14^. 15 Dionv. i. 21. iL 72. 



250 ROMAN ANTIQUITIES. 

in the capitol, with the earth in which it grew ; ^ hence the 
chief of them was called verbenarius.^ If they were sent to 
make a treaty, each of them carried vervain as an emblem of 
peace, and a flint stone to strike the animal which was sacri- 
ficed.^ 

4. SoDALES Titii, vel Titienses, priests appointed by Titus 
Tatius to preserve the sacred rites of the Sabines ; or by 
Romulus, in honour of Tatius himself; in imitation of whom the 
priests instituted to Augustus after his death were called sodales.^ 

5. Rex sacrorum, vel rex sacrificulus , a priest appointed, 
after the expulsion of Tarquin, to perform the saci-ed rites, 
which the kings themselves used formerly to perform; an office 
of small importance, and subject to the pontifex maximus, as all 
the other priests Avere. Before a person was admitted to this 
priesthood, he was obliged to resign any other office he bore. 
His wife was called REGiNA,and his house anciently regia.^ 

PRIESTS OF PARTICULAR GODS. 

The priests of particular gods were called flamines, from a 
cap or iillet'' Avhich they wore on their head.'^ The chief of 
these uere : — 

1. Flamen DiALiSy the priest of Jupiter, who was distinguished 
by a lictor, sella curulis, and toga prcetexta, and had a right 
from his office of coming into the senate. Flamen martialis, 
the priest of Mars, quirinalis, of Romulus, &c. These three 
were always chosen from the patricians. They were first insti- 
tuted by Numa, avIio had himself performed the sacred rites, 
which afterwards belonged to the jlamen Dialis. They were 
afterwards created by the people, when they were said to be 
electi, designati, creati, vel destinati, and inaugurated, or 
solemnly admitted to their office, by the pontifex maximus and 
the augurs, Avhen they were said inaugurari^ prodi, vel capi. 
The pontifex maximus seems to have nominated three persons 
to the people, of whom they chose one.^ 

The flamines wore a purple robe called l.ena, which seems 
to have been thrown over their toga ; hence called by Festus 
duplex amictus, and a conical cap, called apex. Lanigerosque 
apices, the sacred caps tufted with wool. Although not ponti- 
fices, they seem to have had a seat in that college. Other 
flamines were afterwards created, called minores, who might be 
plebeians, as the flamen of Carmenta, the mother of Evander. 
The emperors also, after their consecration, had each of them 

J gramen ex arce cum Liv. xxx. 43. Serv. Virg. /En, viii. Diony. ii. 64. Gell. xv. 

sua terra evulsuiri. 4 Tac. Ann. i. 54. Hist. 363. Diony. iv.74. v.l. 27. Veil. ii. 43. Suet. 

2 Plin. xxii. 3. xxx. 9.s. ii. 95. Suet. Claud. 6. 6 a filo vel pilco. Cal. 12. Val. Max. vi. 
69. Qalb. 8. 7 Van. L,. L. iv, 15. 9. 3. Gic.Dom. 14. Mil, 

3 privns lapides silices, 5 Liv. ii. 2. xl. 52. 8 Tac. Ann. iv. 16. Liv. 10. 17. Pnil. ii. 43. 
prjvasque verbenas, Macrob. Sat. i. 15. i. 20. xxvii. b. xxx. 2S. Brut, 1. 



MINISTERS OF RELIGION. 251 

their flamines, and likewise colleges of priests, Avho were called 
sodales. Thus, flamen c^saris, sc. Antonius.^ 

The flamen of Jupiter was an office of great dignity,^ but 
subjected to many restrictions, as, that he should not ride on 
horseback, nor stay one night Avithout the city, nor take an 
oath, and several others.^ His wife* was likewise under par- 
ticular restrictions ; but she could not be divorced : and if she 
died the flamen resigned his office, because he could not per- 
form certain sacred rites without her assistance.^ 

From the death of Merula, who killed himself in the temple 
of Jupiter,^ Cicero says in the temple of Vesta, to avoid the 
cruelty of Cinna, A. U. 666, there was no flamen Dialis for 
seventy-two years, (Dio makes it seventy-seven years, but it 
seems not consistent), and the duties of his function were per- 
formed by the pontifices, till Augustus made Servius Malugin- 
ensis priest of Jupiter.'' Julius Casar had indeed been elected^ 
to that office at seventeen,^ but, not having been inaugurated, 
was soon after deprived of it by Sylla. 

II. Salii, the priests of Mars, twelve in number, instituted 
by Numa ; so called, because on solemn occasions they used to 
go through the city dancing,^" dressed in an embroidered tunic,^^ 
bound with a brazen belt, and a toga pratexta or trabea ; hav- 
ing on their head a cap rising to a considerable height, in the 
form of a cone,^^ with a sword by their side ; in their right hand 
a spear, a rod, or the like; and in their left, one of the ancilia, 
or shields of Mars.^^ Lucan says it hung from their neck.^^ 
Seneca resembles the leaping of the Salii ^^ to that of fullers of 
cloth.^^ They used to go to the capitol, through the forum and 
other public parts of the city, singing as they Avent sacred 
songs,^^ said to have been composed by Numa,^^ which, in the 
time of Horace, could hardly be understood by any one, scarcely 
by the priests themselves." Festus calls these verses axamenta, 
vel assamenta, because they were Avritten on tablets. 

The most solemn procession of the Salii Avas on the first of 
March, in commemoration of the time when the sacred shield 
was believed to have fallen from heaven, in the reign of Numa. 
They resembled the armed dancers of the Greeks, called 

1 Cic. Phil. ii. 43. Biut. iv. 16. exsuUantes Salii,VirE:. 15. 

14. Har. 6. Dom. 9. 6 incisis veni?, superfu- A".n. viii. tt)3. a saltan- 1/ per urbem ibant ca- 

Suet. Claud. Jul. 74. soque altaribus san- do, quod facere in co- nentes carmina cum 

Dio. xl. iv. 6. Luc. i. guine, — his veins be- initio in sacris quotan- tripudiis solemnique 

604. Virg. Mn. viii. ing opened, and the nis solent et debent, saltatu, — they went In 

661. Fest. blood sprinkled on the Var. iv. 15. procession throuf;li the 

2 maximBe dignationis f altar, 11 tunica picta. city, singing hymns, 
intprxvflamines,Fest. 7 Cic. Or. iii. 3. Flor. 12 apex, «..p^a!ria. with leaping and so- 

3 Gell. X. 15. Plut. Q. iii. 21. Veil. ii. '.^2. Dio. 13 Diony. ii. 70. lemn dancing, Liv. i. 
Rom. .39. 43. 1U7, 108. liv. 24. 3b. Tac. Ann. 14 et Salius laeto por- 20. Hor. Od. i. 36. 12. 
Fest. 5. Plin.xxviii.9. iii. 58. Suet. Aug. 31. tans ancilia coUn, i. iv. Lit*. 

Liv. V. 52. xxxi. 50. 8 de=tinatus, Suet. 1. 603.— Mhe Salii blithe, 18 Saliare Numa; car- 

T,-ic. Ann. iii. 53. creatus, Veil. ii. 43. with bucl<lers on the men, Hor. Kp. ii. 1. 

4 fl;iminica. 9 pene puer, ib. neck.'— Rowe. 8b. Tac. An. ii. 83. 

5 Plul. 0. Rom.49. Ov. 10 a saltu nomina du- 15 saltus Saliaris. 19 Quin. i. t). 4U, 
t\ vi. 2-tifi. Tac, Ann. cunt, Ov. F, iii, 387. 16 s:iUus fullonius, Ep 



252 ROMAN ANTIQUITIES. 

Curetes, from Crete, where that maimer of dancing called 
PYRRiCHE had its origin ; whether invented by Minerva, or, 
according- to the fables of the poets, by the Curetes, who, being- 
intrusted with the care of Jupiter in his infancy, to prevent his 
being- discovered by Saturn his father, drowned his cries by the 
sound of their arms and cymbals. It was certainly common 
among the Greeks in the time of Horner.^ 

No one could be admitted into the order of the Salii unless 
a native of the place, and freeborn, whose father and mother 
were alive. Lucan calls them lecta juvenilis patricia, young- 
patricians, because chosen from that order. The Salii, after 
finishing their procession, had a splendid entertainment pre- 
pared for them; hence saliares dapes, costly dishes; epiilari 
Saliarem in modum, to feast luxuriously;- their chief was 
called PR.EsuL,^ who seems to have gone foremost in the proces- 
sion ; their principal musician, vates ; and he who admitted 
new members, magister. Acc^ording- to Dionysius,"^ Tullus 
Hostilius added twelve other Salii, who were called agonales, 
'Buses, or Collini, from having their chapel on the Colline hill. 
Those instituted by Numa had their chapel on the Palatine hill ; 
hence, for the sake of distinction, they were called palatini.^ 

III. Lupergi, the priests of Pan; so called •" from a Avolf, 
because that god was supposed to keep the wolves from the 
sheep. Hence the place where he was w'orshipped was called 
Lupercal, and his festival Liipercalia^ which was celebrated in 
February ; at which time the Liiperci ran up and down the city 
naked, having only a girdle of goats' skins round their waist, 
and thongs of the same in their hands, with wliich they struck 
those whom they met, particularly married women, who were 
thence supposed to be rendered prolific' 

There were three companies ^ of Luperci ; two ancient, 
called FABiANi and quintiliani,^ and a third, called julii, insti- 
tuted in honour of Julius Cassar, whose first chief was Antony ; 
and therefore, in that capacity, at the festival of the Lupercalia, 
although consul, he went almost naked into the forum Juliuni, 
attended by his lictors, and having made a harangue to the 
people ^" from the rostra, he, according to concert, as it is be- 
lieved, presented a crown to Csesar, who was sitting there in a 
golden chair, dressed in a purple robe, with a golden diadem, 
which had been decreed him, surrounded by the whole senate 
and people. Antony attempted repeatedly to put the crown on 
his head, addressing him by the title of king, and declaring 
that what he said and did was at the desire of his fellow- citizens. 



1 11. vi. v.'494. Strab.x. 


37. 2. Cic. Att. V. 9. 5 Id. ii. 70. 


9 a Fabio .-^t Oui„(iiio 


467, 463. fin. Diony. ii. 


3 i. e. qui ante alios sa- 6 a lupo. 


prsepositis suif, Fi'-st. 


70.vii.72. Hyi;in. 139. 


lit. 7 Serv. Virp. .En. viii. 


10 nudus concionaluB 


Serir. Virg. iv. 151. 


4 iii. 32. Cic. Div. i. 26. 343. Ov. F. ii, 427. 


est, Cic. Phil. ii. 34, 


2 Luc. ix. 478. Si-.et. 


ii. 66. Capitol. Anton. 445. v. 101. 


43. 


Cluud. 33. Hor, Od. i. 


Fhilos. 4. 8 sodalitatcs. 





MiNISTEaS OF RELIGION. 253 

But CjBsar, perceiving- the strono-est raarks of aversion in the 
people, rejected it, saying that Jupiter alone was king of Rome, 
and therefore sent the crown to the Capitol, as a present to that 
god.^ It is remarkable that none of the succeeding emperors, 
in the plenitude of their power, ever ventured to assume the 
name of rex, king. 

As the Luperci were the most ancient order of priests, said to 
have been first instituted by Evander,^ so they continued the 
longest, not being abolished till the time of Anastasius, who 
died A. D. 518. 

IV. PoTiTii and pinarii, the priests of Hercules, instituted by 
Evander, when he built an altar to Hercules, called maxima, 
after that hero had slain Cacus ; said to have been instructed in 
the sacred rites by Hercules himself,^ being then two of the 
most illustrious families in that place. The Pinarii, happening 
to come too late to the sacrifice, after the entrails were eaten 
up,"^ were, by the appointment of Hercules, never after per- 
mitted to taste the entrails : ^ so that they only acted as assis- 
tants in performing the sacred rites.** The Potitii, being taught 
by Evander, continued to preside at the sacrifices of Hercules 
for many ages ; '^ till the Pinarii, by the authority or advice of 
Appius Claudius the censor, having delegated their ministry to 
public slaves, the Avhole race,^ consisting of twelve famtli<JB, be- 
came extinct within a year ; and some time after Appius lost 
his sight ; a warning, says Livy, against making innovations in 
religion.^ 

V. Galli, the priests of Cybele, the mother of the gods ; so 
called from gallus, a river in Phrygia, which was supposed to 
make those who drank it mad, so that they castrated them- 
selves, as the priests of Cybele did,^° in imitation of Attys, -yis, 
Attis, -idis, v. Attin, -inis ; ^^ called also curetes, corybantes, 
their chief archigallus ; all of Phrygian extraction ; ^- who used 
ti> carry round the image of Cybele, with the gestures of mad 
people, rolling their heads, beating their breasts to the sound of 
ihe flute,^^ making a great noise with drums and cymbals; some- 
times also cutting their arms, and uttering dreadful predictions. 
During the festival called hilaria, at the vernal equinox,^^ they 
washed with certain solemnities the image of Cybele, her cha- 
riot, her lions, and all her sacred things in the Tiber, at the 

1 Dio. xlv. 31. 41. xlvi. 6 et domus Hercalei ta suo sacris religio- 11 Ov. F. iv. 2-23. Met. 
5. 19. Suet. Caii. 79. custos Pinaria sacri,— nem facere posset, ix. x. 104. Aniob. 

Cic. Pliil. iii. 5.V. 14. and the Pinarian fa- 29. 12 Lucr. ii. d29. Hor. 

xiii. S. 15. 19. Veil. ii. mily. the depository of 10 t'est. Herodian. i. Od. i. 16.8.Serv. Vir.". 

.'jfi. Plut. Caes. p. 736. this institution sacreil 11. Ov. K. iv. 361. ge- ix. U6. Plin. xxxv. 1(1, 

Anton, p. 'J21. App. to Hercules, V'irg. ib. nitalia sibi abscinde- s. 3o. Diony. ii. 19. 

Bell. Civ. ii. p. 49t). 7 zntistites sacri ejus bant cultris lapideis 13 tibiae Berecynthiae, 

2 Ov.F.iL 279. Liv. i. 5. fuerunt, Liv. ib. pri- vel Samia te.sta, with v. biixi. 

3 Cic. Dora. 32. Serr. musque potitius auc- knives of stone or Sa- 14 viii. Kal. April. Mac- 
Virg. Ma. viii. 269, tor, Yirg. ib. mian brick, Juv. ii. rob. Sat. i. 21. Hor. 
270.Liv. i. 7. 8 genus omne, v. gens, 116. vi. 513. Mart. iii. Od. i 16. 7. Virt;. /Kn. 

4 extis adesis. potiliorum. 81. 3. Piin. xi. 49. s. ix. 619. Liic. i. 5C5. 
6 Diony. i. 40. 9 quod dimovendis st.i 109. xxxv. 12. s. 40. Sen. iMr.l. CIM. 



^'0* ROMAN ANTIQUITIES. 

conflux of the Alino.^ They annually went round the villages^ 
asking an alms/ which all other priests were prohibited to do,^ 
All the circumstances relating to Cybele and her sacred rites 
are poetically detailed by Ovid, Fast. iv. 181 , 373. The rites of 
Cybele were disgraced by great indecency of expression.* 

ViRGiNEs vESTALEs/ vlrgins consccrated to the worship of 
Vesta, a priesthood derived from Alba, for Rhea Sylvia, the 
mother of Romulus, Avas a vestal, were originally from Troy, 
iirst instituted at Rome by Nmiia, and were four in number ; 
two vveye added by Tarquinius Priscus, or by Servius Tullius, 
which continued to be the number ever after.^ 

The Vestal virgins were chosen first by the kings, ^ and after 
their expulsion, by the pontifex maximus ; who, according to the 
Papian laAv, when a vacancy Avas to be supplied, selected from 
among the people twenty girls above six, and beloAV sixteen years 
of age,^ free from any bodily defect, Avhich Avas a requisite in all 
priests,^ Avhose father and mother AAere both alive, and freeborn 
idtizens. It Avas determined by lot in an assembly of the people, 
Avhich of these twenty should be appointed. Then the pontifex 
maximus Avent and took her on Avhom the lot fell, from her 
parents, as a captive in Avar,'" addressing her thus, te, amata, 
CAPio ; that being, according to A. Gellius, the name of the 
first Avho was chosen a Vestal : hence capere virginem Vestalem, 
to choose a Vestal virgin ; Avhich Avord Avas also applied to the 
Jiamen dialis, to the pontifices and augurs." But afterwards 
this mode of casting lots Avas not necessary. The pontifex 
maximus might choose any one he thought proper, Avith the con- 
sent of her parents, and the requisite qualifications.^^ If none 
offered voluntarily, the method of casting lots Avas used.^^ 

The Vestal virgins Avere bound to their ministry for thirty 
years. For the first ten years they learned the sacred rites ; for 
the next ten, they performed them ; and for the last ten taught 
the younger virgins. They Avere all said prasidere sacris, ut 
assiducB templi antistites, v. -t(C, that they might, Avithout inter- 
ruption, attend to the business of the temple.^* The oldest ^* 
Avas called maxima. ^'^ After thirty years' service they might 
leave the temple and marry ; Avhich, hoAvever, was seldom done, 
and ahvays reckoned ominous.*^ 

The office of the Vestal virgins Avas, — 1. To keep the sacred 
fire ahvays burning,^^ Avhence ceterrKBque Vesta; ohlitus, forget- 

1 Ov. F. iv. 337. iEn.ii. 296.Plut. Num. parenti, veluti bello 15 Vestalium velu-,lis- 

2 stipem emendicantes, Fest. Sex. captam abducebat. sima, Tac. Ann. xi. 3.i. 
ib. 3oO. Pont. i. 1. 40. 7 Diony. ib. 11 Gell. i. \i. 16 Suet. Jul.83. ^ vpta- 
Diony. ii. 19. 8 Not under 6 nor above 12 cujus ratio haberi fitvavaa, D\o. W. 

3 Cic. Legg. ii. 9. 16. IG years of age, Gell. i. posset, ibid. Tac. Ann. 17 Diony. ii. 67. 
4Juv. ii. 110. August. 12. ii. &6. 18 Flor. i. 2. custodi- 

Civ. Dei, ii. 14. 9 sacerdos integer sit, 13 Suet. Aug 31. unto ignem foci pub- 

5 nap9«m4 'Effriai!f{. Sen. con. iv. 2. Pmt. 14 Li v. 1. ill. Tac. Ann. lici sempltemum, Cic. 

e Liv. i. 3.- 20. Diony. Q. Rom. 72. ii. 86. Sen. Vit. beat Legg, ii. 8. 

ii, 64, 65. iii. 67. Virg. 10 raanu prahensam a 29, Diony, ii. 67. 



MINISTERS OF RELIGION 255 

ting the fire of eternal Vesta ; watching it in the night-time 
alternately,^ and whoever allowed it to go out was scourged ^ by 
the pontifex raaximus,^ or by his order. This accident was 
always esteemed unlucky, and expiated by offering extraordi- 
nary sacrifices.* The fire Avas lighted up again, not from ano- 
ther fire, but from the rays of the sun, in which manner it was 
renewed every year on the first of March ; that day being an- 
ciently the beginning of the year.^ — 2. To keep the sacred 
pledge of the empire, supposed to have been the Palladium, or 
the Penates of the Roman people, called by Dio t« hi^ct, ; kept 
in the innei'niost recess of the temple, visible only to the virgins, 
or rather to the Vestalis maxima alone ; ^ sometimes removed 
from the temple of Vesta by the virgins, when tumult and 
slaughter prevailed in the city, or in case of a tire, rescued by 
B'letellus the pontifex maximus Avhen the temple was in flames, 
A. U. 512, at the hazard of his life, and with the loss of his 
sight, and consequently of his priesthood, for which a statue 
was erected to him in the capitol, and other honours conferred 
on him,'^ — and, 3. To perform constantly the sacred rites of the 
goddess. Their prayers and vows were always thought to have 
great influence with the gods. In their devotions they wor- 
shipped the god Fascinus to guard them fi'om envy.^ 

The Vestal virgins wore a long white robe, bordered with 
purple ; their heads were decorated with fillets^ and ribands ;^" 
hence the Vestalis maxima is called vittata sacerdos, and sim- 
ply viTTATA, the head-dress, suffibulum, described by Pruden- 
tius.^^ When first chosen, their hair was cut off and buried under 
an old lotos or lote-tree in the city,^' but it was afterwards 
allowed to grow. 

The Vestal virgins enjoyed singular honours and privileges. 
The praetors and consuls, when they met them in the street, 
lowered their fasces, and went out of the way, to show them 
respect. They had a lictor to attend them in public, at least 
after the time of the triumvirate*/'^ Plutarch says always; they 
rode in a chariot ; ^* sat in a distinguished place at the spectacles ; 
were not forced to swear,^^ unless they inclined, and by none 
other but Vesta. They might make their testament, although 
under age ; for they were not subject to the power of a parent 
or guardian, as other women. They could free a criminal from 
punishment, if they met him accidentally ; and their interposi- 

1 Lir. xxxvni.Sl. Hur. cnrari, ib. 437- Plin. vii. 43. Sen. Luc. i. 597. Juv. iv. lU 
Od. iii. 5. 11. 5 Plut. ib. Macrob Sat. Contr. iv. 2. Fest. 

2 flagris caedebatur. i Iti. Ov. F. iii. U3. 8 Sen. prov. 5. Hor. 12 Plin. xvi. 44. s. 85. 

3 Val. Max. i. b. Diony. 6 Liv. v. 52. xxvi. 27. Od. i. 2. 28. Cic. Font. 13 Sen. contr. i. 2. •. i 
ii. 67. nuda quidem, Tac. Ann. xv. 41. Luc 17. Dio.xlviii. 19, Plin. 8. Dio. xlvii. 19. 

«ed obscuro loco et ve- i. 593. ix, 994. Diony, xxviii. 4. s, 7. llcarpento v. pilenio, 

lo medio interposito, ii. 66. Herodian, i. 14. 9 infulse, erre/i^aTa, Tac, Ann. xii. 42. PUit. 

Plut. Num. u. 67. Liv. 7 see p. 13. Diony. ii. Diony. ii. 67. viii. 89. Num. 

xxviii. II. 6fci. Liv. 24. Ep. six. Id vittfe, Ov. F. iii. 30. 15 Id iv. 16. .Suet, Aug, 

4 i>ostiii ma^oribus pro- Dio. xlii. 31. Ov. f . iv. 11 contra Syni. it lOaS. 44, Qei). x. 15. 

t2 



256 ROMAN ANTIQUITIES. 

tion was ahvays greatly respected. They had a salary from the 
public.^ They were held in such veneration, that testaments and 
the most important deeds were committed to their care, and they 
enjoyed all the privileges of matrons Avho had three children.- 

When the Vestal virgins were forced through indisposition 
to leave the atrium vest.e^ probably a house adjoining to the 
temple, and to the palace of Numa, regia parva num-^, if not a 
part of it, where the virgins lived, they were intrusted to the 
care of some venerable matron.'' 

If any Vestal violated her vow of chastity, after being tried 
and sentenced by the pontifices, she was buried alive with 
funeral solemnities in a place called the campus sceleratus, 
near the Porta Collina, and her paramour scourged to death in 
the fovum ; which method of punishment is said to have been 
first contrived by Tarquinius Priscus. The commission of this 
crime was thought to forbode some dreadful calamity to the 
state, and, therefore, was always expiated with extraordinary 
sacrifices. The suspected virtue of some virgins is said to have 
been miraculously cleared.* 

These were the principal divisions of the Roman priests. 
Concerning their emoluments the classics leave us very much 
in the dark ; as they also do with respect to those of the magis- 
trates. When Romulus first divided the Roman territory, lie 
set apart what was sufficient for the performance of sacred rites, 
and for the support of temples.^ So Livy informs us, that 
Numa, who instituted the greatest number of priests and sacri- 
fices, provided a fund for defraying these expenses,*^ but ap- 
pointed a public stipend ^ to none but the Vestal virgins. 
i3i(mysius, speaking of Romulus, says, that while other nations 
were negligent about the choice of their priests, some exposing 
that ofiice to sale, and others determining it by lot ; Romulus 
made a law that two men, above fifty, of distinguished rank and 
virtue, without bodily defect, and possessed of a competent 
fortune, should be chosen from each curia, to officiate as priests 
in that curia or parish for life ; being exempted by age from 
military service, and by law from the troublesome business of 
the city. There is no mention of any annual salary. In after 
ages the priests claimed an immunity from taxes, which the 
pontifices and augurs for several years did not pay. At last, 
however, the quaestors wanting money for public exigencies, 
forced them, after appealing in vain to the tribunes, to pay up 

1 JLiv. i. 20. Suet. Aug. 102. Tac. Ann. i. 8. iv. 57. xxix. 14. Ixiii. Plin. 6 Diony. ii. 7. 

31. Jul. 1. Tib. 2. Vit. 16. Dio. xlviii. 12. 37. vii. 35, Ep. iv. 11. 6 unde in eos sumptus 

16. Tac- Ann. ii. 34. 46. Ivi. 10. Diony. i. 78. ii. 07. pecuiiia erogaretur, i. 

xi. 32.Hist.iii.8l.Cic. 3 Ov. Trist. iii. 1. 30. viii. '89. ix. 40. Dio. 20. 

Font. 17. Agr. ii. 36. Fast. vi. 263. Pliii.Ep. fragm. 91, 92. Plut. Q. 7 stipendium de publico 

Plut. Num. Sen. ib. vii. 19. Rom. 83. Asc. Mil. 12. slittuit, ib. 

Qell. ib. 4 Val. Max. viii. ]. 5. Suet. Dom. 8. Juv. iv. 

2 Suet. Jul, 83. Au". Liv. viii. 15. xiv. xxii. 10. 



MINISTERS OK RKLIGION 25'/ 

their arrears.^ Augustus increased both the dignity and emolu- 
ments^ of the priests, particularly of the Vestal virgins; as he 
likewise first fixed the salaries of the provin<:ial magistrates/ 
uhence we read of a sum of money * being- given to those who 
were disappointed of a province.^ But we read of no fixed 
salary for the priests ; as for the teachers of the liberal arts, and 
for others.^ When Theodosius the Great abolished the heathen 
worship at Rome, Zosimus mentions only his refusing to grant 
the public money for sacrifices, and expelling the priests of 
both sexes from the temples.^ It is certain however, that suf- 
ficient provision was made, in whatever manner, for the main- 
tenance of those who devoted themselves wholly to sacred 
functions. Honour, perhaps, was the chief reward of the digni- 
fied priests, who attended only occasionally, and Avhose rank and 
fortune raised them above desiring any pecuniary gratification. 
There is a passage in the life of Aurelian by Vopiscus,^ which 
some apply to this subject ; although it seems to be restricted 
to the priests of a particular temple, pontifices rohoravit^ sc. 
Aurelianus, i. e. he endowed the chief priests with salaries, 
decrevit etiam emolumenta ministris, and granted certain emo- 
luments to their servants, the inferior priests who took care of 
the temples. The priests are by later writers sometimes divided 
into three classes, the antistites, or chief priests, the sacer dotes 
or ordinary priests, and the ministri or meanest priests, whom 
Manilius calls auctoratos in tertia.jura ministros^ but for the 
most part only into two classes, the pontifices or sacerdotes, and 
the ministri.^ 

SERVANTS OF THE PRIESTS. 

The priests who had children employed them to assist in per- 
forming sacred rites ; but those who had no children procured 
free-born boys and girls to serve them, the boys to the age of 
puberty, and the girls till they were married. These were 
called Camilli and CamillcB}^ 

Those who took care of the temples were called .editui or 
editumni, those Avho brought the victims to the altar and slew 
them, pop.^, victimarii and cultiarii ; to whom in particular 
the name of ministri was properly applied. The boys who 
assisted the tlamines in sacred rites Avere called flaminii ; and 
the girls, flamin.e. There were various kinds of musicians, 
tibicines, tubicines, fidicims, &c.^^ 

I annorum, per quos 31. 6 Suet. Tib. 46. Vesp. Saorif. et Templis, 

non dederant, stipen- 3 Dio.lii 23. 25. liii. 15. 18 Ner. 10. Digest. 10 Diony. ii. 24. 

dium exactum est, Liv. 4 salarium. 7 v 38. 11 Liv. ix. 30. Fes'- 

xxxiiu 42. s. 44. Diony. 5 Id. 78. 22. x\iii. 4. 8 c. 15. Ov. F. i. 319. iv. 63T. 

ii. 21. Ixxriii. 22. Tac. Agr. 9 Man. v. 350. Leg. 14. Met. ii. 717. Vi. a. 

* commoda, Suet. Aug. 42. Cd. Thcod.de Pagaa. G. iii. 488. Juv. xii. 11 

y3 



258 



ROMAN ANTIQUITIES. 



III. PLACES AND RITES OP SACRED THINGS. 

The places dedicated to the worship of the gods were called 
temples, templa,^ and consecrated by the augurs ; hence called 
Augusta. A temple built by Agrippa in the time of Augustus, 
and dedicated to all the gods, was called Pantheon. - 

A small temple or chapel Avas called sacellum or cedicula. A 
wood or thicket of trees (consecrated to religious worship was 
called lucus, a grove.^ The gods were supposed to frequent 
Avoods and fountains ; hence, esse locis superos testatur silva per 
omnem sola virens Libyen.'^ 

The worship of the gods consisted chiefly in prayers, vows, 
and sacrifices. 

No act of religious worship was performed without prayer. 
The words used Avere thought of the greatest importance, and 
varied according to the nature of the sacrifice.^ Hence the 
supposed force of charms and incantations.'' When in doubt 
about the name of any god, lest they should mistake, they used 
to say, QuiSQUis es. Whatever occurred to a person in doubt 
what to say, was supposed to be suggested by some divinity.^ 
In the daytime the gods were thought to remain for the most 
part in heaven, but to go up and down the earth during the 
night to observe the actions of men. The stars were supposed 
to do the contrary.^ 

Those who prayed stood usually with their heatls covered,'-* 
looking towards the east; a priest pronounced the words before 
them;^'^ tliey frequently touched the altars or the knees of the 
images of the gods ; turning- themselves round in a circle,^^ 
towards the right,^^ sometimes they put their right hand to their 
mouth,^'^ and also prostrated themselves on the gTound.^"^ 

The ancient Romans used with the same solemnity to offer 
up vows.^^ They vowed temples, games (thence called ludi vo- 
t'ivi), sacrifices, gifts, a certain part of the plunder of a city, &c. 
Also what was called ver sagrum, that is, all the cattle which 
were produced from the first of March to the end of April.^" In 
this vow among the Samnites, men were included.^'^ Some- 
times tliey used to write their vows on paper or waxen tablets, 
to seal them up,^^ and fasten them with wax to the knees of the 
images of the gods ; that being supposed to be the seat of 
mercy : hence genua incerare deorum^'^ to cover with wax the 

1 fana, delubra, sacra- 5 Val. Max. i. I, 9 capite velato vel 15 vovere, vota fjicere, 
ria, sdes sacrae. 6 verba et incautamen- operto. suscipere, coiiciijere, 

2 Dio. liii. 27. ta carminum, Plin. 10 verba praiibat. nuncupare, &c. 

3 Plin. xii. 6. xxviii. 2. Hor, Ep. i. 1, 11 in gyrum se conver- 16 Li v. xxii. 9. 10. 

4 Luc. ix. 552.— Here, 34. tebant, Li v. v. 21. xxxiv. 44. 

and here only, through 7 Plaut. Most. iii. 1. 12 Plaut. Cure, i 1. 70. 17 Fest. in Mameitini. 

wide Libya's space, 137. Rud. i. 4. 37. Virjj. 13 dextram ori adniove- 18 obsignari'. 

Tall trees, the iand, iEn.iv.577.Apul.de bant, whence adoratio. PJJuv. x, DS. 

and verdant herbatre Deo Socraiis. 14 prociimbcbanl aris 

grace.— Rowe. " 8 Plaut. Rud. Prul. 8. advuluti. 



SACKED RITES. 259 

knees of the gods. When the tliino^s for which they offered 
up vows were granted, the vows were said valere, esse rata, &c., 
but if not, cadere, esse irrita, &c. 

The person Avho made vows was said esse voti reus ; and when 
he obtained his wish,^ voti vel voto damnatus^ bound to make 
good his vow^ till he performed it. Hence damnabis tu quoque 
lotis, i. e. obligabis aU vota solvejida, shalt bind men to perform 
I heir vows by granting what they prayed for; reddere vel sol- 
■lere vota, to perform. Pars prcedcs debita^ debiti vel meriti 
honor es, merit a dona, ho,. Avowed feast ^ was called polluc- 
TUM, from pollucere, to consecrate ; hence pollucibiliter cxnare, 
to feast sumptuously.* Those who implored the aid of the gods, 
used to lie^ in their temples, as if to receive from them re- 
sponses in their sleep. The sick in particular did so in the 
temple of ^Esculapius.'' 

Those saved from shipwreck used to hang up their clothes in 
the temple of Neptune, with a picture '^ representing the circum- 
stances of their danger and escape.^ So soldiers, when dis- 
charged, used to suspend their arms to Mars, gladiators their 
swords to Hercules, and poets, when they finished a work, the 
fillets of their hair to Apollo. A person who had suffered ship- 
wreck, used sometimes to support himself by begging, and for 
the sake of moving compassion to show a picture of his misfor- 
tunes,^ 

Augustus having lost a number of his ships in a storm, ex- 
pressed his resentment against Neptune, by ordering that his 
image should not be carried in procession with those of the 
other gods at the next solemnity of the Circensian games.^*^ 

Thanksgivings^^ used always to be made to the gods for bene- 
fits received, and upon all fortunate events. It was, however, 
believed that the gods, after remarkable success, used to send on 
men, by the agency of Nemesis,^^ a reverse of fortune. ^^ To avoid 
which, as it is thought, Augustus, in consequence of a dream, 
every year-, on a certain day, begged an alms from the people, 
holding out his hand to such as otfered hini.^* 

When a general had obtained a signal victory, a thanks- 
giving^^ was decreed by the senate to be made in all the tem- 
ples; and what was called a lectisternium, when couches Avere 
spread ^^ for the gods, as if about to feast, and their images taken 
dowai from their pedestals, and placed upon these couches round 
the altars, which were loaded with the richest dishes. Hence, 
ad omnia pulvinaria sacri fie atum, sacrifices were offered at all 

1 voti compos. Cic.Div. i. 43. Plaut. 21.24. 13 Liv.xlv. 41. 

'i Liv. Macrob. Sat. iii. Cure. i. 1. 61. ii. 2. 10. 10 Suet. Aug. 16. 14 cavum manum usses 

2. Virg. licl. V. 80. 7 tabula votiva. 11 gratiarum actiones. porrigentibus pr<ebeiis, 

3 epulum votlvum. 8 Virg. xii. 768. Hor. 12 ultrix facinorum im- Suet. Aug. 91. Dio. liv, 

4 Plaut. Rud. V. 3. 63. Od, i. 5. Cic Nat. D. piorura bonorumque 35. 

Sticli. i. 3.80. Most. i. iii. 37. praemiatrix, — the re- 15 snppiicatio vel sup- 

1.23. 9 Hor. Ep. i. 1.4. Stat. veneer of impious plicium, l^iv. iii. 03. 

5 incub.irc. Silv. iv. 4. 92. Juv. doecfs, and rewurUer ot ]() Iccti vel piilvinuiia 
tierv. Virg. vii. 63. xiv, oOl. l'liu;dr. iv. good, Marc. xiv. ' slernebaiitur. 



260 



ROiMAN ANTIQUITIES. 



the shrines ; supplicatio decreta est,^ a thanksgiving was decreed. 
This honour was decreed to Cicero for having suppressed the 
conspiracy of Catiline, which he often boasts had never been 
<;ouferred on any other person without laying aside his robe or 
peace.^ The author of the decree Avas L. Cotta. A supplication 
was also decreed in times of danger or public distress ; when 
the Avomen prostrating themselves on the ground, sometimes 
swept the temples with their hair. The Lectisterniura was first 
introduced in the time of a pestilence, A. U. 356.^ 

In sacrifices it was requisite that those Avho offered them 
should come chaste and pure ; that they should bathe themselves ; 
be dressed in white robes, and crowned, with the leaves of that 
tree Avhich Avas thought most acceptable to the god Avhom they 
Avorshipped. Sometimes also in the garb of suppliants, Avith 
dishevelled hair, loose robes, and barefooted. Vows and prayers 
Avere always made before the sacrifice. 

It Avas necessary that the animals to be sacrificed * should be 
without spot and blemish,^ never yoked in the plough, and 
therefore they Avere chosen from a flock or herd, approved by 
the priests, and marked Avith chalk,'' Avhence they Avere called 
egregicB, eximice, lectcB. They Avere adorned with fillets and 
ribands,' and crowns; and their horns were gilt. 

The victim Avas led to 

the altar by the popes, 

Avith their clothes tucked 

up, and naked to the 

Avaist,^ Avith a slack rope, 

that it might not seem to 

be brought by force, 

Avhich Avas reckoned a 

bad omen. For the same 

reason it Avas allowed to 

stand loose before the 

altar ; and it was a very 

bad omen if it fled away. 

Then after silence Avas ordered,^ a salted cake ^" Avas sprinkled ^^ 

on the head of the beast, and frankincense and Avine poured 

between its horns, the priest having first tasted the Avine himself", 

and given it to be tasted by those that stood next him, Avhich 

Avas called libatio ; and thus the victim Avas said esse macta, i. e. 

magis aucta : hence immolare et mactare, to sacrifice ; for the 

Romans carefully avoided Avords of a bad omen ; as, cosdere^ 

jugulare, &c. The priest plucked the highest hairs betAveen the 




1 Cic. Cat. iii. 10. Liv. 4 hostias vel victimae, 
xxii. 1. Ov. F. i. 335. 

2 togatus, "Dio. 37. 36. 5 decor3e et integrae vel 
Cic. Pis. 3. Cat. iii. 6. intactse. 

10. 6 Juv. T. 66. 

.^ Cic. Phil. ii. 6. xiv.8. 7 infulis et vilt'.s. Liv. 



Liv 



8 qui succincti erant et 
ad ilia nudi. Suet. Cal. 
32. 

9 Cic. Div. i. 45 see p. 
1-15. 

10 mola salsa, vel fru- 



ii. 133. far et mica sa- 
ils, Ov. & Hor. i. e. 
far tostum, comn^iriu- 
tum, et sale mistiwn, 
bran or meal mixed 
with suit. 



V. 13. 



..51. 



ges Balsae, A'iig. ^n. 11 inspeigebatur. 



SACRED RITES. 261 

horns, and threw them into the fire ; which was cailed i-ibamina 
PRijiA.^ The victim was struck by the cultrarius, with an ax3 o3e 
a mall/ by the order of the priest, whom he asked thus, agoxe? 
and the priest answered, hoc age.^ Then it was stabbed "* with 
knives : and the blood bein^ caught ^ in g-oblets, was poured on 
the altar. It was then flayed and dissected. Sometiiues it was 
all burned, and called holocaustum,*' but usually only a part; 
and what remained was divided between the priests and the per- 
son who offered the sacrifice.^ The person who cut up the 
animal, and divided it into different parts, was said prosecare 
exta, and the entrails thus divided were called pbosici-i: or pro- 
SECTA. These rites were common to the Romans with the 
Greeks ; whence Dionysius concludes that the Romans were of 
Greek extraction.^ 

Then the aruspices inspected the entrails ; ^ and if the signs 
were favourable,^" they were said to have offered up an accepta- 
ble sacrifice, or to have pacified tlie gods ; ^^ if not,^- another 
victim was offered up,^^ and sometimes severaL^^ The liver was 
the part chiefly inspected, and supposed to give the most certain 
presages of futurity; hence termed caput extorum. It was 
divided into two parts, called pars familiaris, and pars hostilis 
vel inimica. From the former they conjectured what was to 
happen to themselves ; and from the latter, what was to happen 
to an enemy. Each of these parts had what Avas called caput, ^^ 
which seems to have been a protuberance at the entrance of the 
blood-vessels and nerves, which the ancients distinguished by 
the name of fibres. ^^ A liver without this protuberance,^' or cut 
off,^^ was reckoned a vex*y bad omen ; ^^ or w hen the heart of the 
victim could not be found ; for although it was known that an 
animal could not live without the heart, yet it was believed 
sometimes to be wanting ; as happened to Cfesar, a little before 
his death, while he was sacrificing, on that day on which he first 
appeared in his golden chair and purple robe, whereupon the 
haruspex Spurinna warned him to beware of the ides of 5larch.-" 
The principal fissure or division of the liver,-^ was likewise par- 
ticularly attended to, as also its fibres or parts, and those of the 
lungs. ^'- After the haruspices had inspected the entrails, then the 
parts Avhich fell to the gods were sprinkled with meal, wine, and 

1 Serv. Virg, it'.n. iv. 9 exta consulebant, 16 thus, in ima fibra, xxvii. 26. s. 23. 

57. vi. 246. Virg, iv. 64. Suet. Aug, 95. ecce 17 jecur sine capite. 

2 nialleo, Suet. Cal. 32. 10 si exta bona essent. '■ videt capiti fibraruin 18 caput jecinore ca- 

3 Ov. F. i. 3i3. Suet. 11 diis litasse. Increscere raolem Alte- sum. 

Cal. 51. 12 si exta non bona vel rius capitis, Luc. i. 19 nihil tristvus, Cic 

i jugulabatur. prava et tristia essent. 627. en capita paribus Div. i. 52. ii. 13. 16. 

5 excepta. 13 sacrificium instaura- bina consurgunt toris, Liv. viii. 9. 

6 ex iXof totus, et xaiai batur, vel viciima sue- Sen. CEdip. 356. caput 20 Cic Div. i. 52. ii.16. 
uro, Virg. vi. i-b. cedanea mactabatur. jecinoris duplex, Val. Val. Max. i. 6, 13. Suet. 

7 qui sacra v. sacrifi- 14 Cic. Div. ii. 36. 3S. Max. i. 6. 9. i. e. two Jul. 81. 

cium faciebat, v. sacris Suet. Caes. 81. Liv. lobes, one on each side 21 fissum jecnris fami- 

operabatur, Virg. G. i. xxv. 16. Serv. Virg. iv. of the tissure or cavity, liare et vitale. 

393. Tac. Ann. ii. 14. 50. v. 94. commonly called por- 22 Cic. Nat. D. ili. 6. 

8 vii. 72. Liv.v. 21.0v. 15 Plin. xi. 37. s. 73. ta. v. .t«, Cic. Nat. D. Uiv. i. 10. ii. 13, If. 
F. vi. 168. Plaul. Pa-u. Liv. viii. 9. Cic. Div. ii. 55. which Livy tails A'irg. G. i.48l. JHw, iv. 
ii. L S. ii. 12, 13. Luc. i. 621. auctum in jecinore, 6.x. 176. 



2G2 ROMAN ANTIQUITIES. , 

frankincense, and burned^ on the altar. The entrails wese 
said diis dari, reddi, et porrici,^ when they were placed on the j 
altars,^ or when, in sacrificing to the dii mcnrini^ they were • 
thrown into the sea.^ Hence, if any thing unlucky fell out to i 
prevent a person from doing what he had resolved on, or the j 
like, it was said to happen inter cdssa (sc. exta) et pomecta, be- i 
tween the time of killing the victim and burning the entrails, ! 
i. e. between the time of forming the resolution and executing it.^ j 

When the sacrifice was finished, the priest having- Avashed his ! 
hands and uttered certain prayers, again made a libation, and \ 
then the people were dismissed in a set form ; ilicet, or ire licet. \ 

After the sacrifice followed a feast,'' which in public sacrifices] 
was sumptuously prepared by the septemviri epulones. In pri- ] 
vate sacrifices, the persons who offered them feasted on the parts i 
Avhich fell to them, with their friends.^ i 

On certain solemn occasions, especially at funerals, a distri- ' 
bution of raw flesh used to be made to the people, called visce- ' 
RATIO ; ^ for viscera signifies not only the intestines, but what- 
ever is under the hide : particularly the flesh between the bones] 
and the skin.^ { 

The sacrifices offered to the celestial gods difl'ered from those I 
offered to the infernal deities in several particulars. The victims j 
sacrificed to the foi-mer were white, brought chiefly from the , 
river Clitumnus, in the country of the Falisci;^^ their neck was j 
bent upwards,^^ the knife was applied from above,^- and the blood 
was sprinkled on the altar, or caught in cups. The victims i 
off"ered to the infernal gods were black; they were killed with 
their faces bent downwards,^^ the knife was applied from below,^* \ 
and the blood was poured into a ditch. \ 

Those who sacrificed to the celestial gods were clothed \n 
white, bathed the whole body, made libations by heaving the^ 
liquor out of the cup,^^ and prayed with the palms of their hands; 
raised to heaven. Those Avho sacrificed to the infernal gods' 
were clothed in black; only sprinkled their body with water, 
made libations by turning the hand,^^ and threw the cup into the 
fire, prayed with their palms turned downwards, and striking 
the ground with their feet.^'^ 

Sacrifices were of different kinds ; some were stated,^^ others 
occasional ;^^ as, those called expiatory, for averting bad omens,"" 
making atonement for a crime,^^ and the like. 

1 adolebantuT vel ere- ta cetera mensis, — the Juv. xii. 13. Virg. Q. 17 Serv. Virg. Jin. vi^ 
niabantur, sacrifice had its own ii. 146. 244. Cic. Tusc. Q. ii. 

2 quasi porrigi,vel por- share: the rest is for 11 sursumretlectebatur. 25. 

rojaci. the table, Ot. Met. xii. 12 imponebatur. 18 stata et solemnia. 

3 cum aris vel flammis 154. 13 pronse. 19 fortuita et ex acci- 
imponerentur, Virg. 8 Liv. viii. 22. xxxix. 1+ supponebatur. dente nata. 

^n. vi. 252. xii. 214. 46. xli. 28. Cic. Oil. ii. 15 fundendo nianusu- 20 aU portenta vel pro- 

4 ib. V. 774. 16. Suet. Gxs. 38. plna. digia procuranda, ex- 

5 Cic. Att. V. 18. 9 Serv. Virs. /En. i. 16 invergendo, ita ut piendset avertendavel 

6 epulaj sacrificiales. 211. iii. 622. vi. 253. raanu in sinistram par- averruncanda. 

7 sacra tulere suam Suet. Vit. 13. tern versa patera con- 21 sacriticia piacularia, 
(partem): pars est da- 10 Ov. I'ont. iv. 8 41. verteietur. ad crimen cxpwui'um. 



SACRED RlfES. 



263 



Human sacrifices were also offered among- the Romans By 

an ancient law of Romulus (which Dionysius calls vofAo; 
'Tr^oloaixSf lex proditionis, ii. 10), persons g-uilty of certain 
crimes, as treachery or sedition, were devoted to Pluto and the 
infernal gods, and therefore any one might slay them with im- 
punity. In after times, a consul, dictator, or prastor, might 
devote not only himself, but any one of the legion,^ and slay 
him as an expiatory victim.^ In the first ages of the republic 
human sacrifices seem to have been offered annually,^ and it was 
not till the year 657, that a decree of the senate was made to 
prohibit it«* Mankind, says Pliny, are under inexpressible 
obligations to the Romans for abolishing so horrid a practice.^ 
We read, however, of two men who were slain as victims Avith 
the usual solemnities in the Campus Martius by the pontifices 
and flamen of Mars, as late as the time of Julius Caesar, A. U. 
708. Whence it is supposed that the decree of the senate men- 
tioned by Pliny respected only private and magical sacred rites, 
and those alluded to, Horat. Epod. 5. Augustus, after he had 
compelled L. Antonius to a surrender at Perusia, ordered 400 
senators and equites, who had sided with Antony, to be sacri- 
ficed as victims on the altar of Julius Caesar, on the ides of 
March, A. U. 713. Suetonius makes them only 300. To this 
savage action Seneca alludes, de Clem. i. 11. In like manner. 
Sex. Pompeius threw into the sea not only horses, but also men 
alive, as victims to Neptune. Boys 
used to be cruelly put to death, 
even in the time of Cicero and 
Horace, for magical purposes.^ 

A place reared for ofl^ering 
sacrifices was called ara or altare, 
an altar.^ In the phrase, pro 
arts et focis^ ara is put for the 
altar in the impluvium or middle 
of the house, where the Penates 
were worshipped ; and focus, for 
the hearth in the atrium or hall, 
where the Lares were worship- 
ped. A secret place in the temple, 
where none but priests entered, 
was called adytum, universally 
revered.^ 




1 ex legione Romana, 
called Scripta, because 
perhaps the soldiers 
not included in the le- 
pion, the Velit' s, Su- 
titarii, Tumi.ltuarii, 
&c. were excepted. 

2 piaculum, i. e. in pia- 
Ciilum, hostiam cjeclere, 
\Av. viii. 10. 



3 Macrob. Sat. i. 7. 

4 ne homo immolare- 
lur, Plin. xiot. 1. s. 3. 

5 qui sustulere mon- 
stra, in quibus homi- 
nem occidere religio- 
sissimum erat, mandi 
vern etiam saluberri- 
mum, ib. 

6 Cic. Vat 14. Hor. 



Ep. 5. Dio. xliii, 24. 
xlviii. 14. 48. Suet. 
Aur. 15. 

7 altaria, ab altitudine, 
tantuni diis superis 
consecrabantur; _ araa 
et diis superis et infe- 
ris, — Altaria, so called 
ab altitudine from 
their height, were con. 



secrated only to the 
supernal deities; arae, 
both to the supernal 
and infernal, Serv. 
Virg. Eel. V. 66. ^n. 
ii. 515. 
8 J'ans. r. 32. C;es. B. 
C.iii.lOS.Sall.Cat 52. 
Cic.Dej.3. Phil.ii.3U. 
Sext. 4-2. Dom. 40, 41. 



264 



ROMAN ANTIQUITIES. 



Altars used to be covered with leaves and grass, called ver- 
bena, i. e. Iierba sacra/ adorned with jflowers, and bound with 
woollen fillets, therefore called nexce torques, i. e. coron(S? 

Altars and temples afforded an asylum or place of refuge 
among the Greeks and Romans, as among- the JeAVS,"* chiefly to 
slaves from the cruelty of their masters, to insolvent debtors 
and criminals, where it was reckoned impious to touch them,'* 
and whence it was unlawful to drag them,^ but sometimes they 
put fire and combustible materials around the place, that the 
person might appear to be forced away, not by men, but by a 
god (Vulcan), or shut up the temple and unroofed it,^ that he 
might perish under the open air, hence ara is put for refugmm? 

The triumviri consecrated a chapel to Cajsar in the forum, 
on the place where he was burned ; and ordained that no person 
who fled thither for sanctuary should be taken from thence to 
punishment; a thing which, says Dio, had been granted to no 
one before, not even to any divinity; except the asylum of 
Romulus, which remained only in name, being so blocked up 
that no one could enter it. But the shrine of Julius was not 
always esteemed inviolable; the son of Antony was slain by 
Augustus, although he fled to it.^ 

There were various vessels and instruments used in sacrifices ; 
as, acerra vel tJiuribulum , a censer for burning incense ; simpu- 
lum vel si7npuvium, guttum, capis, -idis, patera, cups used in 
libations, ollcs, pots ; tiipodes, tripods ; secures vel hipennes^ 
axes; cultri vel secespitre, knives, &c. But these will be better 
understood by the representation below tlian by description : — 




i Serv. Virg. -I'n. xii. 

120. Eel. viii. R5. Don. 

Ter. iv. 4, 5. Hor. Od. 

iv. 117. 
2 Gv. Trist. iii. 13. 15. 

Stat. Theb. viii. 2.tK. 

S;:. xri. 309. Prop. iv. 



6. 6- Virg. ^n. iv. 
459. G. iv. 276. 

3 Nep. Paus. 4. Cic- 
Nat. D. iii. 10. Q.Ros. 
2. Gv. Trist. v. 2. 43. 
1 Kings, i. 50. 

4 Cic. fuse. i. 36. Virg. 



^n. L 349. ii. 513. 5.=i0. 6 tectum snnt « 
Ter. Heiiut. v. 2. 22. liti. 

Plant. Rnd. iii. 4. 18. 7 Nep. Paus. 5. 
Most. v. i. 45. Tac. Gv. Trist. iv. 5. i 

Ann. iii. 60. 8 Dio. xivii. 19. 
5 Cic. Dom. 41. Plauf. Aug. 17. 
Mo»t. v. i, 00. 



ROMAN YEAR. 



THE ROMAN YEAR. 



265 



Romulus is said to have divided the year into ten months ; tne 
first of Avhich was called Martins, March, from Mars his sup- 
posed father ; the second Aprilis, either from the Greek name 
of Venus (Atp^o^.-ri?),^ or because then trees and flowers open ~ 
their buds ; the third, Mains, May, from Maia, the mother o( 
Mercury ; and the fourth, Jurdus, June, from the goddess Juno, 
or in honour of the young ;^ and May of the old.^ Ihe rest 
were named from their number, Quintilis, Sextilis, September, 
October, 'November, December. Quintilis was afterwards called 
Julius, from Julius CiBsar, and Sextilis Augustus, from Augustus 
CcBsar ; because in it he had first been made consul, and had 
obtained remarkable victories,^ in particular, he had become 
master of Alexandria in Egypt, A. CJ. 724, and fifteen years 
after,^ on the same day, probably the 29th of August, had van- 
quished the Khseti, by means of Tiberius. Other emperoi's 
gave their names to particular months, but these were forgotten 
after their death,^ 

Numa added two months, called Januarius, from Janus ; 
and Februarius, because then the people were purified,^ by an 
expiatory sacrifice,^ from the sins of the whole year ; for this 
anciently was the last month in the year.^" 

Numa, in imitation of the Greeks, divided the year into 
twelve months, according to the course of the moon, consisting 
in all of 354 days ; he added one day more, to make the num- 
ber odd, which was thought the more fortunate. But as ten days, 
five hours, forty-nine minutes, (or rather forty-eight minutes, 
fifty-seven seconds), were wanting to make the lunar year cor- 
respond to the course of the sun, he appointed that every other 
year an extraordinary month called mensis intercalaris, or 
Mflce<^omcw*,should be inserted between the 23d and 24th day of 
Febiuary.^^ The intercalating of this month was left to the 
discretion ^^ of the pontitices ; Avho, by inserting more or fewer 
days, used to make the current year longer or shorter, as was 
most convenient for themselves or their friends; for instance, 
that a magistrate might sooner or later resign his oflice, or con- 
tractors for the revenue might have longer or shorter time to 
collect the taxes. In consequence of this licence, the months 
were transposed from their stated seasons ; the ^vinter months 
carried back into autumn, and the autumnal into summer. ^"^ 

J Cv. F. i. 39. iii. 75. 5 ib. i. 41. Suet. 31. 9 lebrualia. 13 Gic. Le^.ii.l2.Fnm. 

98. Hor. Od. iv. 11. Dio. Iv. 6. 10 Cic. Legg. ii. 21. vii. 3. 12. viii. 6. At.v. 

2 se aperiunt, Plut. Nii. 6 lustro tertio. Ov. V. ii. id. Tibull. 9. 13. vi. 1. x. 17. Stict. 
Ov. F. iv. 87. 7 Hor. Od. iv. 4. Suet. iii. 1.2. Ca;s. 40. Dio. xl. (i2. 

3 juniorum. Dom. 13. PIin.Pan.51. 11 Plin. xxxiv. 7. Liv. Censorin. 20. Macrob. 

4 majorum, Ov. F. v. 8 (ebruabatur, i. e. pur- i. 19. Sat. i. 13. 
427. gabaturvel lustrabatur. 12 axbitrio. 



23G ROMAN AN'TlQUiTlES. 

Julius Cassar, when he became master of the state, resolved 
to put an end to this disorder, by abolishing the source of it, 
the use of the intercalations ; and for that purpose, A. U. 707, 
adjusted the year according to the course of the sun, and 
assigned to each month the number of days which they still 
contain. To make matters proceed regularly, from the 1st 
of the ensuing January, he inserted in the current year, besides 
the intercalary month of twenty-three days, which fell into it of 
course, two extraordinary months between November and 
December, the one of thirty-three, and the other of thirty-four 
days ; so that this year, Avhich was called the last year of confu- 
sion, consisted of sixteen months, or 445 days.* 

All this was effected by the care and skill of Sosigenes, a 
celebrated astronomer of Alexandria, Avhom Caesar had brought 
to Rome for that purpose ; and a new calendar was formed 
from his arrangement by Flavins, a scribe, digested according 
to the order of the Roman festivals, and the old manlier of 
computing the days by kalends, nones, and ides; which was 
published and authorized by the dictator's edict. 

This is the famous julian or solar year, which continues 
in use to this day in all Christian countries, without any other 
variation, than that of the old and new style ; which was oc- 
casioned by a regulation of pope Gregory, A. D. 15S2, who 
observing that the vernal equinox, which at the time of the 
council of Nice, A. D. 325, had been on the 21st of March, 
then happened on the 10th, by the advice of astronomers, 
caused ten days to be entirely sunk and thrown out of the 
current year, between the 4th and 15th of October; and to 
make the civil year for the future to agree Avith the real one, 
or with the annual revolution of the earth round the sun ; or, 
as it was then expressed, with the annual motion of the sun 
round the ecliptic, Avhich is completed in 365 days, five hours, 
forty-nine minutes, he ordained, that every 100th year should 
not be leap year ; excepting the 400th ; so that the difference 
will hardly amount to a day in 7000 years, or, according to a 
more accurate computation of the length of the year, to a day in 
5200 years. 

This alteration of the style was immediately adopted in all 
the Roman Catholic countries ; but not in Britain till the year 
1752, when eleven days were dropped between the 2d and 14th 
September, so that that month contained only nineteen days ; 
and thenceforth the new style was adopted as it had been before 
in the other countries of Europe. The same year also another 
alteration was made in England, that the legal year, which be- 
fore had begun the 25th of March, should begin upon the 1st ot 
January, which first took place 1st January, 1752. 

i Suet. Cbb. 40. Plin. xviii. 25. Macrob. Sat. i. 14. Ons. de Die Nat 30. 



ROMAN YKaR. 2G7 

The Romans divided their months into three parts by kalends, 
nones, and ides. The first day was called kalend.e vel calendcB^ 
from a priest calling out to the people that it was new moon , 
the fifth day, none, the nones ; the thirteenth, idus, the ides, 
from the obsolete verb iduare, to divide; because the ides 
divided the month. The nones Avere so called, because counting 
inclusively, they were nine days from the ides. 

In March, Blay, July, and October, the nones fell on the 
seventh, and the ides on the fifteenth. The first day of the in- 
tercalary month was called calend.e intercalares, of the former 
of those inserted by Caesar, kal. intercalares priores. Intra 
septimas calendas, in seven months. Sextee kalendcs, i. e. kalendce 
sexti mensis, the first day of June.^ 

Caesar was led to this method of regulating the year by ob- 
serving the manner of computing time among the Egyptians ; 
who divided the year into twelve months, each consisting of 
thirty days, and added five intercalary days at the end of the 
year, and every fourth year six days.^ These supernumerary 
days Caesar disposed of among those months which now consist 
of thirty-one days, and also the two days Avhich he took from 
P'ebruary ; having adjusted the year so exactly to the course of 
the sun, says Dio, that the insertion of one intercalary day in 
1461 years would make up the difference,* which, however, Avas 
found to be ten days less than the truth. Another difference 
between the Egyptian and .Tulian year was, that the former be- 
gan with September and the latter with January. 

The ancient Romans did not divide their time into weeks, as 
we do, in imitation of the Jews. The country people came to 
Rome every ninth day,^ whence these days were called nundin.e 
quasi novendin^, having seven intermediate days for working, 
but there seems to have been no word to denote this space of 
time. The time, indeed, between the promulgation and passing 
of a law was called trinum nundinum, or trinundinum ; ^ but this 
might include from seventeen to thirty days, according to the 
time when the table containing the business to be determined ^ 
was hung up, and the Comitia were held. The classics never 
put nundinum by itself for a space of time. Under the later 
emperors, indeed, it was used to denote the time that the consuls 
remained in office, Avhich then probably was two months,^ so 
that there were twelve consuls each year ; hence nundinum is 
also put for the two consuls themselves.^ 

The custom of dividing time into weeks ^'^ was introduced under 
the emperors. Dio, who floui'ished under Severus. says, it first 

1 a calando vel vocan- 3 Herodot. ii. 4. Phil. v. 3. Fam.xvi. 12. Vop. Tac. 9. 

Ao. 4 Dio. xliii.ae. 7 tabula promuigationis. 10 liebdomades, T. -daa 

2 Ov. F. vi. 181. Cic. 5 see p. 71. S Laraprid. in Alex. vel septimanaj. 
Quint. 25. Fam. vi. 14. ti Liv. iii. 35. Macrob. Sever. 28. 43. 

j>iftrl. i. 100. 6. i, 16. Cic. Dom. l(j, 17. 9 collegium consulum, 

z2 



2(38 



ROMAN XNTIQUITIES. 



took place a little before liis time, being- derived from the 
Egyptians; and universally prevailed. The days of the week 
^vere named from the planets, as they still are; dies SoliSy 
Sunday ; Lutkb, Monday ; Martis, Tuesday ; Mercurii, Wed- 
tiesday ; Jovis, Thursday ; Veneris, Friday ; Saturni, Saturday. 
The Romans, in marking the days of the month, counted 
backwards. Thus, they called the last day of December pridie 
kalendas, sc. ante, or pridie hcdendarum Januarii, marked 
shortly, prid. kal. Jan. the day before that, or the 30th of 
December, tertio hal. Jan. sc. die ante, or ante diem tertium 
lial. Jan., and so throug-h the whole year : thus, 



A TABLE OF THE KALENDS, NONES, AND IDES. ! 




April, June, 
Sept. November. 


Jan. Aug-ust, 
December. 


March, May, 
July, Oct. 


Tebruary, 

1 


1 


Kalendai. 


Kalendae. 


Kalend£e. 


Kalendre. 


2 


IV. 


IV. 


VI. 


IV. 


3 
4 
5 

6 

7 


III. 

Prid. Non. 

Nonce. 

VIII. 
VII. 


III. 

Prid. Nou 

Nonce. 

VIII. 
VII. 


V. 

IV. 

III. 

Prid. Non. 

NODcB. 


III. 

Prid. Non. 

Nona}. 

VIU- 
VII. 


8 


VI. 


VI. 


VIII. 


VI. 


9 


V. 


V. 


VII. 


V. 


10 


IV. 


IV. 


VI. 


IV. 


11 
12 
13 
14 
15 


III. 

Prid. Id. 
Idus. 

XVIII. 

xvu. 


iir. 

Prid. Id. 
Idus. 

XIX. 
XVIIl. 


V. 
IV. 

Prid. Id. 
Idus. 


III. 

Prid. Id 
Idus. 

XVI. 
XV. 


16 


XVI. 


XVII. 


XVII. 


XIV. 


17 


XV. 


XVI. 


XVI. 


XIII. 


18 


XIV. 


XV. 


XV. 


XII. 


19 


XIII. 


XIV. 


XIV. 


XI. 


20 


XII. 


XUI. 


xm. 


X. 


21 


XI. 


XII. 


XII. 


IX. 


22 


X. 


XI. 


XI. 


VIII. 


23 


IX. 


X. 


X. 


VII. 


24 


viir. 


IX, 


IX. 


VI. 


25 
26 


VII. 

VI. 


VIII. 
VII. 


VIII. 
VII. 


V. 
IV. 


27 
28 
29 
30 
31 


V. 
IV. 

II[. 

Prid. Kal. 

mens. seq. 


VI. 
V. 
IV. 

III. 

Prid. Kal. 

mens. seq. 


VI. 
V. 
IV. 

Prid. Kal. 

mens. seq. 


Prid. Kal. 

Martii. 



ROMAN YEAR. 269 

In leap year, that is, when February has twenty -nine days, 
which happens every fourth year, both the 24th and 25th days 
of that month were marked sexto kalendis Martii or Martias; 
and hence this year is called bissextilis. 

The names of all the months are used as substantives or ad- 
jectives, except Aprilis, which is used only as a substantive.^ 

The Greeks had no calends in their Avay of reckoning, but 
called the first day of the month uovi/.-/iviUi or new moon ; hence 
ad GrcBcas kalendas solvere, for nunquam? 

The day among the Romans was either civil or natural. 

The civil day' was from midnight to midnight. The parts 
of which were, 1. media nox; 2. medice noctis inclinatio, vel 
de media node; 3. gallicinium, cock-crow, or cock-crowing, 
the time when the cocks begin to crow ; 4. conticinium, Avhen 
they give over croAving ; 5. diluculum, the da\vn ; 6. mane, the 
morning; 7. antemeridianum tempus, the forenoon; 8. meridies, 
noon, or mid-day ; 9. tempus pomeridianum,ye\meridiei inclina- 
tio, afternoon ; 10. solis occasus, sunset ; II. vespera, the evening ; 
12. crepusculum, the tmlight ;* 13. prima fax, Avhen candles were 
lighted, called also primes tenebrod, prima lumina; 14. concubia 
nox, vel concubium, bedtime; 15, intempesta nox, or silentium 
noctis, far on in the night ; 16. inclinatio ad mediam noctem? 

The natural day ^ was from the rising to the setting of the 
sun. It Avas divided into twelve hours, Avhich Avere of a different 
length at different seasons : hence hora hiberna for brevissimaJ 

The night AA^as divided into four Avatches,^ each consisting of 
three hours, Avhich Avere likcAvise of a different length at different 
times of the year : thus, hora sexta noctis, midnight ; septima, 
one o'clock in the morning ; octava, tAvo, &c.^ 

Before the use of dials '° Avas knoAAn at Rome, there Avas no 
division of the day into hours ; nor does that Avord occur in the 
Twelve Tables. They only mention smirising and sunsetting, 
before and after mid-day. According to Pliny, mid- day Avas 
not added till some years after,^^ an accensus of the consuls being- 
appointed to call out that time,^^ Avhen he saAv the sun from the 
senate-house, betAveen the rostra and the place called gr^costa- 
sis, Avhere ambassadors from Greece and other foreign countries 
used to stand. ^^ 

Anaximander or Anaximenes of Miletus, is said to have in- 
vented dials at Lacedcemon in the time of Cyrus the Great. 
The first dial is said to have been set up at Rome by L. Papi- 
rius Cursor, A. U. 447, and the next near the rostra, by M. 

1 Aprilis is also used as 4 dubiam tempus, roc- 6 dies r.aturalis. sciaterica. 

M adjective, Liv. XXV. tis an diei sit: ideo 7 Plaut. Pseud, v. 2. 11. 11 vii. CO. Censorin. 23. 

1. This fact the author dubiaa res creperae 8 vigilia prima, secun- 12 acceoso consulum id 

has overlooked. dictse, Varr. L.L. vi. 4. da, &c. pronunciante. 

2 Suet. Aug. 87. 5 Liv. xxv. 9. Censor. 9 Piin. Ep iii. 4. 13 Plin, ib. Varr. L. h. 

3 dies oivilis. Die Nat. c. 24. Hor. 10 horologia solaria vel iv.32. Cic. l^. Fr ii. 1, 



270 ROMAN ANTIQUITIES. 

Valerius Messala the consul, who brought it from Catana in 
Sicily, in the first Punic war, A. U. 481 : hence ad solarium 
ve7'sari, for i?i foro. Scipio Nasica first measured time by- 
water, or by a clepsydra, Avhich served by night as well as by 
day, A. U. 595.^ The use of clocks and watches was unknown 
to the Romans. 

DIVISION OF DAYS AND ROMAN FESTIVALS. 

Days among- the Romans were either dedicated to reh'gious 
purposes,- or assigned to ordinary business."^ There were some 
partly the one, and partly the other,* half holidays. 

On the dies festi sacrifices were performed, feasts and games 
were celebrated, or there was at least a cessation from business. 
The days on which there was a cessation from business were 
called FERi.E, holidays,^ and were either public or private. 

Public feriod or festivals were either stated ^ or annually fixed 
on a certain day by the magistrates, or priests,' or occasionally 
appointed by order of the consul, the prastor, or pontifex maxi- 
mus.^ The stated festivals were chiefly the following : 

1. In January, agonalia, in honour of Janus, on the 9tli,^ and 
also of the 20th of May ; carmentalia, in honour of Carmenta, 
the mother of Evander, on the llth.^^ But this was a half holi- 
day ; ^ for after mid-day it was dies profestus, a common work- 
day. On the 13th,^^ a wether ^^ was sacrificed to Jupiter. On 
this day the name of Augustus was conferred on Caesar Octavi- 
anus.^* On the first day of this month people used to wish one 
another health and prosperity,^^ and to send presents to their 
friends.^'' Blost of the magistrates entered on their oflice, and 
artists thought it lucky to begin any work they had to perform,^^ 

2. In February, faunalia, to the god Faunus, on the 13th ;^^ 
LUPERCALiA, to Lycasan Pan, on the 15th ;^'^ quirinalia, to 
Romulus, on the 17th; feralia,^'' to the dii Manes, on the 
2 1st (Ovid says the 17th), and sometimes continued for several 
days ; after which friends and relations kept a feast of peace 
and love ~^ for settling differences and quarrels among one ano- 
ther, if any such existed ; ~^ terminalia, to Terminus ; regifu- 
GiuM, vel regis fuga, in commemoration of the flight of king 
Tarquin, on the 24th; equiria, horse-races in the Campus 
Martius, in honour of Mars, on the 27th. 

3. In March, matronalia, celebrated by the matrons for 



1 see p. 201. Plin. i'l. 76. i. 45. mimas, -ai is. 19 xv. kal. Mart. 

vii. 60. Gell. ex Plaut. 6 statae. _ 14 Ov. F. i. 588. 590. 20 quod turn epulas ad 

iii. 3. Cic. Quint. 18. 7 conceptivae, 15 omnia fausta, I'lin. sepulchra amicorum 

2 dies testi. 8 imperativie. xxviii. 2. s. 5. ferebant, vel pecudes 

3 dies profesti. 9 v. Id. Ov. F. i. 318. 16 see p. 48. feriebant, Fest. 

4 dies intercisi, i. e. ex 10 Iil. Id. Ov. ib. 461. 17 opera auspicabantur, 21 charistia. 

parte festi, et ex parte 11 intercisus. Sen. Ep. 8J. Ov. Mart. 23 Val. Max. ii. 1.8. 

profesti. 12 Idibiis. passim. Ov. Fast, ii, 0^1. 

5 Cic. Legg. ii. 8 Div. 1j verves vel ovi.i se- 18 Idibus. 



ROMAN FESTIVALS. 271 

various reasons, but chiefly in memory of the war terminated 
between the Romans and Sabines, on the first day ; ^hen pre- 
sents used to be given by husbands to their wives ; * festum 
ANCiLioRUM, on the same day, and the three folloAving, when the 
shields of JWars w ere caiTied through the city by the Salii, who 
used then to be entertained Avith sumptuous feasts ; whence 
saliares dapes vel ccencB, for laut(E, opiparcs, opulentae, splendid 
banquets;- liberalia, to Bacchus, on the ISth,^ when young 
men used to put on the toga virilis, or manly gown ; quinqua- 
TRus, -man, vel quinquatria, in honour of Minerva, on the ]9th, 
at first only for one day, but afterwards for five ; whence they 
got their name.^ At this time boys brought presents to their 
masters, called Minervalia. On the last day of this festival, 
and also on the 23d May, ^ the trumpets used in sacred rites 
were purified'' by sacrificing a lamb ; hence it was called tubi- 
LusTRiuM, vel -lA ; '' HiLARiA, in honour of the mother of the 
gods, on the 25th. 

4. In April, megalesia, or Megalenses, to the great mother of 
the gods, on the 4th or 5th ; cerealia, or ludi Cereales, to 
Ceres, on the 9th; fordicidia, on the 15th, whep pregnant 
cows were sacrificed ; ^ palilia vel Pan7««, to Pales, the 21st." 
On this day CaBsar appointed Circensian games to be annually 
celebrated ever after, because the news of his last victory over 
Labienus and the sons of Pompey at Munda in Spain had 
reached Rome the evening before this festival ; ^" robigalia, to 
Robigus," that he would preserve the corn from mildew,^- on 
the 25th ; floralia, to Flora or Chloris/^ begun on the 2Sth, 
and continued to the end of the month, attended with great in- 
decency, which is said to have been once checked by the pre- 
sence of Cato.^^ 

o. In May, on the kalends, were performed the sacred rites 
of the Bona Dea, by the Vestal virgins, and by women only,^^ 
in the house of the consuls and praetors, for the safety of the 
people.^^ On this day also an altar was erected,*^ and a sacrifice 
offered to the Lares called PrcBstites ;^^ on the 2d, compitalia, 
to the Lares in the public ways, at which time boys are said 
anciently to have been sacrificed to Blania, the mother of the 
Lares: but this cruel custom was abolished by Junius Brutus ;^'-* 
on the Dth, lemuria, to the Lemures, hobgoblins, or spectres in 
the dark, which were believed to be the souls of their deceased 
friends.-" Sacred rites were performed to them for three nights, 

1 Ov. F. iii. 170. Plant. 7 Ov. F. iii. 4S9. v.7-25. 12 a rul.igine. expellebatur, Jiiv. vi. 
MiL iii. 197. Tibul. iii. 8 fordae boves, i. e. gra- 13 ut OQinia bene deflo- 339. 

1. Suet. Vesp. 19. vidae, qua; in veirtre rescerent, shed their 16 Dio. xxxvii. 35. 45. 

2 Hor. Od. i. 37. 2. fenjnt,Ov. F. iv.5.632. blossoms,Plm.xviii.29. 17 consiUuta. 

3 xr. kal. Apr. 9 see p. 1. U Sen. Ep. 97. 31art. 18 quod omnia tula 

4 Ov. F. iii. 810. Gell. 10 Dio. xiiii. 42. i. 3. & pra:f. Val. Max. pra-stant, Ov. F. v. 
"•21> 11 or ratlier to Robigo, ii. Ifl. 8. Lact i. 20.10. 133. 

5 X. kal. June. a goddess. Ov. F. iv. Sclioliast". Juv. vi. 2)9. 19 Macrob. .Sat, i, 7. 

6 !iislrab:iiitur. 911. 15 cuai omiie uias<;iiU.u 20 uunts vateiui. 



272 ROMAN ANTIQUITIES. i 

mot successively, but alternately, for six days ;^ on the 13th, or 
the ides, the images of thirty men made of rushes,^ called 
Argei, were thrown from the Sublician bridge by the Vestal 
virgins, attended by the magistrates and priests, in place of 
that number of old men, which used anciently to be thrown 
from the same bridge into the Tiber ; ^ on the same day was 
the festival of merchants,* when they offered up prayers and 
sacred rites to Mercury ; on the 23d,^ vulcanalia, to Vulcan, 
called tubilustria, because then the sacred trumpets were 
purified.'' 

6. In June, on the kalends, were the festivals of the goddess 
carna,^ of ma-rs extramuraneus , Avhose temple was without the ) 
porta Capena, and of juno moneia ; on the 4th, of bellona ; on 
the 7th, ludi piscatorii ; the 9th, vestalia, to Vesta; 10th, \ 
matralia, to mother Matuta, &c. With the festivals of June, \ 
the six books of Ovid, called Fasti, end ; the other six are lost, i 

7. In July, on the kalends, people removed^ from hired 
lodgings ; the 4th, the festival of female Fortune, in memory i 
of Coriolanus withdrawing his army from the city ; on the 5th, \ 
ludi apollinares ; ^ the 12th, the birthday of Julius Caesar; the 
15th. or ides, the procession of the equites ; ^^ the 16th, dies I 
alliensis, on which the Romans were defeated by the Gauls ; " ! 
the 2.3d, neptunalia. 

8. In August, on the 13th or ides, the festival of Diana ; 
19th, viNALiA, when a libation of new wine was made to Jupiter 
and Venus; 18th, consualia, games in honour of Consus the , 
god of counsel, or of equestrian Neptune, at Avhich the Sabine 
women were carried oft" by the Romans ; the 23d, vulcanalia.^^ 

9. In September, on the 4th ,^^ ludi magni or romani, in 
honour of the great gods, Jupiter, Juno, and Minerva, for the 
safety of the city; on the I3th, the consul or dictator^* used 
anciently to fix a nail in the temple of Jupiter; the 30th, 
MEDiTRiNALiA, to Mcditriua, the goddess of curing or healing,^^ 
when they first drank new wine. 

10. In October, on the 12th, augustalia, vel ludi August ales ; 
the 13th, faunalia; the 15th, or ides, a horse was sacrificed, 
<:alled equus Octobris v. -ber, because Troy was supposed to 
have been taken in this month by means of a horse. The tail 
was brought with great speed to the regia or house of the 
pontifex maximus, that its blood might drop on the hearth.^'' 

1 1. In November, on the 13th, there was a sacred feast called 
epulum Jovis ; on the 27th, sacred rites were performed on 



1 Ov. F.v.429.492. 


5 X. ka!. Jun. 


il. 3. Fam.xui.2.Suet, 


iii. 5, Liv. i. 9, 


2 simulacra scirpea vi- 


6 ib. 725. 


Tib. 35. 


13 prid. non. 


rorum. 


7 quai vitalibus huma- 


10 see p. 22. 


14 prastor maximus. 


3 Festus in Depontani. 


nis praet.'rat. 


11 diesateretfunestus, 


Liv. vii. 3. 


Var. L. L. vii. 3. Ov. 


8 commigrabant. 


Cic. Att. ix. 5. Suet. 


15 medei.di. 


F. V. 621. 


9 Liv. ii. 40. XXV. 12. 


Vit. 2. 


It) Fesl.T.c.Ann.i.l* 


4 festuBi mercatorum. 


xxvii, 23. Cic. (J. t'lat. 


12 Plin. xviii. 29. Ep. 





R03IAN FESTIVALS. 273 

account of t\vo Greeks and two Gauls, a man and woman of 
each, who were buried alive in the ox-market.^ 

12. In December, on the 5th or nones, faunalia ; on the 
]7th,^ SATURNALIA, the feasts of Saturn, the most celebrated of 
the whole year, Avhen all orders Avere devoted to mirth and 
feasting-, friends sent presents to one another, and masters treat- 
ed their slaves upon an equal footing, at first for one day, after- 
wards for three, and, by the order of Caligida and Claudius,' 
for five days. Tvvo days were added, called sigillaria,^ from 
small images, which then used to be sent as presents, especially 
by parents to their children ; on the 23d, laurentinalia, in 
honour of Laurentia Acca, the wife of Faustulus, and imrse of 
Romulus.^ 

The FERi^ C0NCEPTIV.E, whlch were annually appointed •" by 
the magistrates on a certain day, were — 

1. FERiiE LATIN.E, the Latin holidays, first appointed by Tar- 
quin for one day. After the expulsion of the kings they were 
continued for two, then for three, and at last for four days.^ 
The consuls always celebrated the Latin ftrice before they set 
out to their provinces ; and if they had not been rightly per- 
formed, or if any thing had been omitted, it was necessary tliat 
they should be again repeated.^ 

2. Paganalia, celebrated in the villages ^ to the tutelary gods 
of the rustic tribes.^" 

3. SEMENTiViE, in seed-time, for a good crop.^^ 

4. Compitalia, to the Lares, in places where several ways 
met.^^ 

Ferle imperativ-e were holidays appointed occasionally ; as, 
when it was said to have rained stones, sacrum novendiale vel 
fcri(B per novem dies, for nine days, for expiating other pro- 
digies,^^ on account of a victory, '&c,, to Avhich may be adried 
JusTiTiuM,^* a cessation from business on account of some public 
calamity, as a dangerous war, the death of an emperor, &(;.^- 
SuppLiCATio et lectisternium, &c.^^ 

Ferice were privately observed by families and individuals 
on account of birthdays, prodigies, &c. The birthday of the 
emperors Avas celebrated with sacrifices and various games, as 
that of Augustus the 23d September. The games then cele- 
brated were called augustalia,^^ as well as those on tlie 12th of 
October,^^ in conunemcration of his return to Rome, which Dio 
says continued to be observed in his time, under Severus." 

1 Liv. xxii. 57.Plut.0- 
83. & Marcello. Plin. 
xxviii. 2. s- 3. 

2 xvi. kal. Jan. 

3 Dio. lix. 6. Ik. 25. 
Suet. Aug. 75. Vesp. 
19. Claud. 17. Macrob. 
Sat, ii 10. Stat. Silv. 
iv. y. Liv. ii. 21. xxii. 



1. 


9 in pagis. 


ix. 7. X. 4. 21. Tac 


4 a sigillis. 


10 see p. 67. 


Ann. ii 82. 


5 Macrob. ib. Varr. L. 


11 Varr. ib. 


16 see p. -ing. 


L. V. 3. 


12 in compilis. 

13 Liv. i. 31. iii. 5. 


17 Dio. Iii. 8. 26. 3 J. 


6 concipiebantur vel iu- 


Ivl. 29. ^ ^ 


dicebantur. 


XXXV. 40. xlii. 2. 


IS iv. Id. Oclob. 


7 see p. 58. Liv. i. 55. 


14 cum jura slant. 


19 Dio. liv. 10. 34.1vi. 


VL42: 


15 Liv. iii. 3.27. iv. 26. 


46. 


8 iiistaurari, Liv. ii;;ss. 


31. vi. 2. 7. viL 6. 2S. 





274 ROMAN ANTIQUITIES. , 

Dies profesti were either fasti or nefasti, &c.^ Nundiiidp, j 
quasi novendince^ market-days, which happened every ninth 
day : when they fell on the first day of the year, it was reckoned 
unlucky, and therefore Augustus, who was very superstitious, 
used to insert a day in the foregoing year, to prevent it, which i 
day was taken away from the subsequent year, that the time ; 
might agree with the arrangement of Julius Caesar; ^ pr^iiliares, \ 
lighting days, and non prceliares ; as the days after the kalends, j 
nones, and ides ; for they believed there was something- unlucky j 
in the word post, after, and therefore they were called dies I 
religiosi, atri, vel infausti, as those days were, on which any re- 
markable disaster had happened; as dies Alliensis, &c.^ The , 
ides of March, or the 15th, was called parricidium ; because on '■ 
that day Caesar, who had been called pater patrle, was slain in 
the senate-house.^ 

As most of the year was taken up with sacrifices and holidays , 
to the great loss of the public, Claudius abridged their number.'* j 

ROMAN GAMES. ! 

Games among the ancient Romans constituted a part of religious j 
worship. They were of diiferent kinds at different periods of 
the republic. At first they were always consecrated to some i 
god ; and were either stated (ludi stati), the chief of which ' 
have been already enumerated among the Roman festivals ; or ' 
vowed by generals in Avar (votivi) ; or celebi-ated on extraordi- 
nary occasions (extraordinarii). '' 

At the end of every 1 10 years, games were celebrated for the 
safety of the empire, for three days and three nights, to Apollo 
and Diana, called ludi s.eculares.' But they were not regularly 
performed at those periods. 

The most famous games were those celebrated in the Circus \ 
Maximus ; hence called ludi Circenses ; of which the chief 
were ludi Romani vel magni.^ j 

■I 
I. LUDI CIRCENSES. 

The Circus Maximus was first built by Tarquinius Priscus, ; 
and afterwards at diflferent times magnificently adorned. It lay ' 
betwixt the Palatine and Aventine hills, and was of an oblong ' 
circular form, whence it had its name. The length of it was j 
three stadia (or furlongs) and a half, i. e. 437 {. paces, or 2187^- 
feet; the breadth little more than one stadium, with rows of | 
seats all round, called fori or spectacula^ rising one above \ 

i see p. 270. Sat. i. 13. sus fuerat, obstructuin 7 see p. 147. •* 

i seep. 71. 4 Ov.F.i.58. Liv. vi. 1. et in lutrinam conver- 8 Liv. i. 35. 

3 Dio. xl. 47. xlviii. 33. 5 Suet. Ca;s. 85. 88. sum, Dio. xlvii. 19. 9 i. e. sedili* imda 

Jsuet Aug. 32. Macrob. conclave, in qua caj- 6 Dio. Ix. 17. spectarent. 



ROMAN GAMES. 275 

another, the lowest of stone, and the highest of wood, where 
separate places were allotted to each curia, and also to the sena- 
tors and to the equites ; but these last under the republic sat 
promiscuously Avith the rest of the people.^ It is said to have 
contained at least 150,000 persons, or, according to others, 
above double that number; according to Pliny, 250,000.^ Some 
moderns say, 380,000. Its circumference was a mile. It was 
surrounded Avith a ditch or canal, called Euripus, ten feet 
broad, and ten feet deep ; and with porticoes three stories high,^ 
both the work of Julius Caesar. In different parts there Avere 
proper places for the people to go in and out without dis- 
turbance. On one end there were several openings,* from 
which the horses and chariots started,^ called carceres vel re- 
pagula, and sometimes career,^ first built A. U. 425.^ Before 
the carceres stood two small statues of Mercury,^ holding a chain 
or rope to keep in the horses,^ in place of which there seems 
sometimes to have been a Avhite line,^" or a cross furrow filled 
Avith chalk or lime, at Avhich the horses Avere made to stand in 
a straight roAV,^^ by persons called moratores, mentioned in 
some ancient inscriptions. But this line, called also creta or 
CALX, seems to have been draAvn chiefly to mark the end of the 
course, or limit of victory,^' to Avhich Horace beautifully 
alludes, mors ultima linea rerum est, death is the end of all 
human miseries.^^ 

On this end of the circus^ which Avas in the form of a semi- 
circle, Avere three balconies, or open galleries, one in the mid- 
dle, and ore in each corner ; called m.eniana, from one Mcenius, 
Avho, Avhen he sold his house adjoining to the forum, to Cato 
and Flaccus the censors, reserved to himself the right of one 
pillar, where he might build a projection, aa hence he and his 
posterity might view the shoAvs of gladiators, Avhich Avere then 
exhibited in the forum,^* 

In the middle of the circus, for almost the Avhole length of 
it, there Avas a brick Avail, about twelve feet broad, and four feet 
high, called spina/^ at both the extremities of Avhich there Avere 
three columns or pyramids on one base, called met.e, or goals, 
round Avhich the horses and chariots turned,^'' so that they 
always had the spina and rnetce on their left hand, contrary to 
the manner of running among us. Whence a carceribus ad 
metam vel calcem, from the beginning to the end." 

In the middle of the spina, Augustus erected an obelisk, 132 



1 see p. 6. 




quam magistratus si»- 
num mitteret, Varr. L. 


11 frontibus aequaban- 


15 ScboL Juv. vi. 587. 


2 Diony. iii. 68. 


Plin. 


tur, ib. 


Gassiod. Ep. iii. 51. 


ynxvi. 15. S.21. 




L. iv. 32. 


12 ad victorise notam, 


16 flectebant. 


3 traai TpiCTT»Yiil. 




7 Liv. viii. 20. 


Piin. XXXV. 17. s. 58. 


17 Ov. Am. ii. 65. L.ic 


4 ostia. 




8 Hermiili. 


Isid. xyiii. 37. 


viii. 200. Cic. Am. 27. 


S eraittebantur. 




9 Cassiodor. A'ar. Ep. 


13 Ep. i. 16. fin. 


Sen. 23. 


<i qiioU fquos c 


oerce- 


iiL51. 


14 Asc. Cic. Suet. CaU 




bat, ne exirent, 


prius. 


10 alba linea. 


IS. 





276 ROMAN ANTIQUITIES. ' 

feet high, brought from Egypt ; and at a small distance, ano- 
tlier, 88 feet high. Near the first meta, whence the horses set 
off, there were seven other pillars, either of an oval form or 
having oval spheres on their top, called ova, which were raised, ! 
or rather taken down, to denote how many rounds the chario- j 
teers had completed, one for each round ; for they usually ran j 
seven times round the course. Above each of these ova was \ 
engraved the figure of a dolphin. These pillars were called j 
FAL.E or PHAL.E. Some think there were two different kinds of 
pillars, one with the figure of an ovum on the top, which were 
erected at the meta prima; and another with the figure of a 
dolphin, which stood at the meta ultima. Juvenal joins them \ 
together, consulit ante falas delpJiinorumque columnas, consults 1 
before the phala? and the pillars of the dolphins.^ They are | 
said to have been first constructed, A. U. 721, by Agrippa, but I 
ova ad metas {al. notas) curriculis numerandis are mentioned by < 
Livy long before, A. U. 577, as they are near 600 years after j 
by Cassiodorus.^ The figure of an egg was chosen in honour of 
Castor and Pollux,^ and of a dolphin in honour of Neptune, also i 
as being the swiftest of animals.* ! 

Before the games began, the images of the gods were led j 
along in procession on carriages and in frames,^ or on men's ! 
shoulders, with a great train of attendants, part on horseback, '. 
and part on foot. Next followed the combatants, dancers, 
musicians, &c. When the procession was over, the consuls and j 
priests performed sacred rites.'' ' 

The shows ^ exhibited in the Circus Maximus were chiefly ^ 
the following : — ; 

1. Chariot and horse-races, of which the Eoraans were ex- j 
travagantly fond. \ 

The charioteers^ were distributed into four parties'' or fac- j 
tions, from their different dress or livery ; factio alba vel \ 
albata, the white ; russata^ the red ; veneta, the sky-coloured or ^ 
sea-coloured ; and prasina, the green faction ; to which Domi- , 
tian added two, called the golden and purple {factio ourata et"^ 
purpurea.^ ^^ The spectators favoured one or the other colour, 
as humour or caprice inclined them. It was not the swiftness ot 
the horses, nor the art of the men, that attra<;ted them; but 
merely the dress." In the time of Justinian, no less than 30,000 
men are said to have lost their lives at Constantinople in a 
tumult raised by contention among the partisans of these several 
colours.^- 

The order in which the chariots or horses stood was deter- 

1 tollebantur, Var. H. 21 . agonuin praesides. 6 Diony. vii. 72. pannum amant, — now 
i. 2. 11. Juv. vi. 589. 4 Tertul. Spectac. 8. 7 spectucula. Jt is the dress tliey la- 

2 iii. Var. Ep. 51. Liv. Plin. ix. 8. 8 axitatores vel aurigae. vour ; it is the dress ' 
xli. 27. Dio. xlix. 43. 5 in thensis et ferculis, 9 greges. that captivates them, 

3 Dioscuri, i. e. Jove Suet. Jul. 76. Ov. Am. 10 Suet. Dom. 7. Plin. Ep. ix, 6. 
nati, Cic. Nat. D. iii. iii,2.41.ric.Verr.5.72. 11 nunc favcnt panr.o, 12 Proc, Bel. Pcrs. 



ROMAN GAMES. 



277 




mined by lot ; and the person who presided at the games gave 
the signal for starting by dropping a napkin or cloth.^ Then 
the chain of the Hermuli being withdrawn, they sprang forward, 
and whoever first I'an seven times round the course was victor.^ 
This was called one match,^ for the matter was almost always 
determined at one heat ; and usually there were twenty-five of 
these in one day, so that when there were four factions, and one 
of these started at each time, 100 chariots ran in one day,^ 
sometimes many more ; but then the horses commonly went 
only five times round the course.^ 

The victor, being proclaimed by the voice of a herald, was 
crowned, and received a prize in money of considerable value.^ 

Palms were first given to the victors at games, after the 
manner of the Greeks, and those who had received crowns for 
Iheir bravery in war, first wore them at the games, A. U. 4597 
The palm-tree was chosen for this purpose, because it rises 
against a Aveight placed on it ; ^ hence it is put for any token or 
prize of victory, or for victory itself.^ Palma lemniscata, a 
palm crown with ribands,^" hanging down from it; huic consilio 
palman do, I value myself chiefly on account of this contri- 
vance.^^ 

^- Contests of agility and strength, of which there Avere five 



kinds: running,^^ leaping, ^^ boxing,^* wrestling 


^^ and throwing 


1 mappa vel panno mis- 5 Suet. Claud. 21. Ner. surgit, et sursum niti- 
so. 22. Dom. 4. tur, Gell. iii. 6. Plin. 

2 Prop. ii. 25, 26. Sen. 6 Suet. Gal. 32. Virg. xvi. 42. s. 81. 12. 

Ep. 30. Ov. Hal. 68. ^n. iii. 245. Mart. x. 9 Hor. Od. i. 1. 5. Juv. 

3 unus missus, -fis. 50. 74. Juv. vii. 113. xi. 181. Vire. G. iii. 

4 Sery. Virg. G. iii. 18. 7 Liv. x. 47. 49. Ov. Trist.iv. 8. 19. 
centum quadrijugi. 8 adversus pondus re- 10 lemnisci. 

2 A 


11 Ter. Heaut. iv. 3. 31. 
Cic. Rose. Am. 35. 

12 cursiis. 

13 saltus. 

14 pugilatus, 

15 lucta. 



•278 



ROMAN AyxiQUniKS. 



the discus or quoit ^ (represented in the subjoined cut) ; hence 
called pentathlum,- vel -o«, or certamen athleticum vel gymni- 




cum, because they contended naked,^ with nothing- on but j 
trowsers or drawers,* whence gymnasium, a place of exercise, or I 
a school. This covering, which went from the waist downwards, ] 
and supplied the place of 
a tunic, was called campes- 
TRE,^ because it was used 
in the exercises of the 
Campus Martius, and those 
who used it, Campestrati. 
So anciently at the Olym- 
pic g-ames.** 

The athletcB were an- 
ointed Avith a glutinous 
ointment called ceroma, 
by slaves called aliptaj ; 
whence liquida palestra, 
uncta PAL.iiSTRA, and wore 
a coarse shaggy garment 
called ENDROMis, -idis^ 
used of finer stuff by wo- 
men, also by those who 
played at that kind of 
hand-ball,^ called trigon 
or HARPASTUM. The com- 




1 disci jactus. 4 subligaribus tantum 6 Aug. Civ. Dei, xiy. Cic. 1. 9. 35. O v. Kpit 

2 Latine quinquertium, velali. 17. Thuryd. i. 6. xix. 11. Luc. ix. 661. 
Fest. 5 Hor. Ep. \. 11. 18. 7 Mart. vii. 31. 9. iv. 4. 8 pila. 

3 yu/'Koi. ri(iir<u/'«, Pans, i. 44. If). Ki. ".S. Juv. vi.'^lA. 



ROMAN GAMES. 



279 



batants ^ were previously trained in a place of exercise,- and 
restricted to a particular diet. In winter they were exercised 
in a covered place called xystus, vel -um, surrounded 
with a row of pillars, peristylium.^ But xystum generally 
signities a walk under the open air,* laid Avith sand or gravel, 
and planted with trees, joined to a gymnasium^ 

Boxers covered their 
hands with a kind of. 
gloves,^ which had lead 
or iron sewed into them, 
to make the strokes fall 
with a greater Aveight, 
called c^sTus vel cestusJ 
The persons thus ex- 
ercised w^ei'e called 
pal(BStrit(B, or xystici ; 
and he who exercis- 
ed them, EXERCITATOR, 

magister vel doctor 
palcBstricus, gymnasi- 
archus, vel -a, xystar- 
chus, vel -es. From the 
attention of Antony to 

_ ____.___, g^ymnastic exercises at 

Alexandria, he was cal- 
led gymnasiarcha by Augustus.^ 

Pal.estra was properly a school for wrestling,^ but is put for 
any place of exercise, or the exercise itself; hence pal(sstram 
discere, to learn the exercise ; unctce dona palcBstrds, exercises.^" 
These gymnastic games ^^ were very hurtful to morals. 

The athletic games among- the Greeks were called iselastic,^^ 
because the victors,^^ drawn by Avhite horses, and wearing 
crowns on their heads ; of olive, if victors at the Olympic 
games ; " of laurel, at the Pythian ; parsley, at the Nemean ; 
and of pine, at the Isthmian ; were conducted with great pomp 
into their respective cities which they entered through a breach 
in the Avails made for that purpose; intimating, as Plutarch 
observes, that a city Avhich produced such brave citizens had 
little occasion for the defence of Avails. They received for life 
an annual stipend ^^ from the public. ^^ 

3. LuDus TROJiE, a mock fight, performed by young noble- 
men on horseback, revived by Julius Caisar, and frequently 




1 athlete. 

2 in palsestro vel gym- 
nasio, Flaut. Bacch. 
iii. 3. 14. 

3 Vitr. V, 2. Hor. Art. 
Poet. 413. 1. Gorintlu 
ix.25. 



vel subdialis. 

5 Cic.lAtt. i. 8. Acad, 
iv. 3. Suet. Aug."72. 
Piin. Ep. ii. 17. ix.'Se. 

6 cliirotnecae. 

7 Virg. iEn. y. 379. 
400. 



Dio. L. 27. 

9 a TraXi; luctatio. 

10 Cic. Or. iii. 22. Ov. 
Ep.xix. 11. 

11 aymnici agones, 
Plin. iv. -12. 

12 from iKTeAavcoi, ill- 



13 hieronica,', 
Ner. 24, 35. 

14 Virg. G. iii. : 

15 opsonia. 

16 Plin. Ep. : 
Aitr. ix. PfBf. 



4 ambulatio hypnethra 8 Plin. xxiiL 7. 



63. vp 



lioi-. 



280 



ROMAN ANTIQUITIES. 



celebrated by the succeeding emperors/ described by Virgil, 
En. V. 561 , &c 

4. What was called venatio, or the fighting of wild beasts 
with one another, or with men called bestiarii^ who were either 
forced to this by way of punishment, as the primitive Christians 
often were ; or fought voluntarily, either from a natural fero- 
city of disposition, or induced by hire.^ An incredible number 
of animals of various kinds was brought from all quarters, for 
the entertainment of the people, and at an immense expense. 
They were kept in enclosures, called vivaria, till the day of 
exhibition. Pompey, in his second consulship, exhibited at 
once 500 lions, who were all despatched in hve days ; also 
eighteen elephants.^ 

5. The representation of a horse and foot battle, and also of 
an encampment or a siege.* 

6. The representation of a sea-fight,^ which was at first made 
in the Circus Maximus, but afterwards oftener elsewhere. 
Augustus dug a lake near the Tiber for that purpose, and Domi- 
tian built a naval theatre, which was called naumachia Domi- 
tiani. Those who fought were called naumacliiarii. They 
were usually composed of captives or condemned malefactors, 
^vho fouglit to death, unless saved by the clemency of the 
emperor.'* 

ii any thing unlucky happened at the games, they were re- 
newed,^ often more than once. 

II. SHOWS OF GLADIATORS. 

The shoAvs^ of gladiators were properly called munera, and the 
person that exhibited ^ them, munerarius , vel -ator, editor, et 
dominus ; who, although in a private station, enjoyed, during 
the days of the exhibition, the ensigns of magistracy. They 
seem to have taken their rise from the custom of slaughtering 
captives at the tombs of those slain in battle to appease their 
manes.^" 

Gladiators were first publicly exhibited ^^ at Rome by two 
brothers called Bruti at the funeral of their father, A. U. 490,^- 
and for some time they were exhibited only on such occasions ; 
but afterwards also by the magistrates, to entertain the people, 
chiefly at the Saturnalia and feasts of Minerva. Incredible 
numbers of men were destroyed in this manner. After the 
triumph of Trajan over the Dacians, spectacles were exhibited 

1 Dio. xlili. 23. xlviii. Vat. 17. 6 Suet. Aug. 43. Claud. 9 edebat. 

20. li, 22. Suet. 19. 3 Cic. Fam. v'lii. 2. 4. 21. Tib. 72. Doui. 5. 10 Cic. Att. ii. 19. Leg. 

Aug. 43. Tib. 6. Cal. 6. Dia xxxix. 38. Plin. Dio. Ix. 33. Tac. Ann. ii. - 24. Virg. ^liii. x. 

18. Claud. 21. Ner. 7. viii. 7. xli. 56. 518, 

2 auctoramento, Cic. 4 Suet. Jul. 39. Claud. 7 instaurabantur, Dio. 11 dati sunt. 

Tusc, Quaest. ii. 17. 21. Dom. 1. Ivi. 27. Ix. 6. 12 Liv. Kp. xvi. Vul- 

Fam. vii. 1. Oft', ii. 16. 5 naujnacliia. 8 spectacula. Max. ii. 4, 7. 



ROMAN GAMES. 



281 



for 123 days, in which 11,000 animals of different kinds were 
killed, and 10,000 gladiators fought ; whence we may judge of 
other instances. The emperor Claudius, although naturally of 
a gentle disposition, is said to have been rendered cruel by 
often attending the spectacles.^ 

Gladiators were kept and maintained in schools ^ by persons 
called LANiST^, who purchased and trained them. The whole 
number under one lanista was called familia. They were 
plentifully fed on strong food; hence sagina gladiatoria, the 
gladiator's mess.^ 

A lanista, when he instructed young gladiators,* delivered 
to them his lessons and rules ^ in writing, and then he Avas said 
commentary when he gave over his employment, a gladiis 
recessisse.^ 

The gladiators, when they were exercised, fenced with wooden 
swords.^ When a person was confuted by weak arguments, or 
easily convicted, he was said, plumbeo gladio jugulm'i, to have 
his throat cut with a sword of lead. Jugulo hunc suo sibi 
gladio, I foil him with his own weapons, I silence him with his 
own arguments. plumbeum pugionem ! O feeble or incon- 
clusive reasoning ! ^ 

Gladiators were at first composed of captives and slaves, or 
of condemned malefactors. Of these some Avere said to be ad 
gladium damnati, condemned to the sword, who were to be des- 
patched within a year : this, however, Avas prohibited by 
Augustus ; ^ and others, ad ludum damnati, condemned to public 
exhibition, who might be liberated after a certain time. But 
afterwards also freeborn citizens, induced by hire or by inclina- 
tion, fought on the arena, some even of noble birth, and Avhat 
is still more wonderful, Avomen of quality,^" and dwarfs.^^ 

Freemen who became gladiators for hire Avere said esse 
auctorati, and their hire, auctor amentum, or gladiatorium, and 
an oath Avas administered to them : ^^ uri, vinciri, verberari, ne- 
cari. 



1 Dio. xlviii. 15. Ix. 14. 

2 in ludis. 

3 Suet. Jul. 26. Aug. 
42. Tac. Hist. ii. 88. 

4 tirones. 

5 dictata et leges. 

6 Suet Jul. 26.JUV. xi. 
8. Cic. Or. iii. 23. Ros. 
Am. 40. 

7 rudibus batuebant ; 
whence batualia, a bat- 
tle, Cic. ib. Suet. Cal, 
3-2. 54. 

8 Cic. At. i. 16. Fin. iv. 
18. Ter. Adel. v. 8. 34. 
— At first they were 
exercised against 
stakes fastened in the 
ground (exerceri ad pa- 
les); afterwards they 
tought against each 



other. It was then 
that their masters (la- 
n istae) encouraged them 
by crying, adtolle, 
csede, declma, percutc, 
urge. — Vide de Bello 
Africano, 71. 

9 gladiatores sine mis- 
sione edi prohibuit. 
Suet. Aug. 45. 

10 Juv. ii. 43. vi. 254. 
viii, 191. Liv. xxviii. 2. 
Suet. Ner. 12. Dom.4. 
Tac. Ann. xv. 32. 

11 nani, Stat. Sylv. I. 
vi. 57. — When a gladi- 
ator had vanquished 
his adversary, or re- 
ceived a wound, he 
was sometimes excu- 
sed, in compliance 

2a 



with the wish of the 
people, or of the empe- 
ror, or in virtue of his 
engagement, from con- 
tinuing the combat, or 
from fighting again ihe 
same dny •, but the vic- 
tor never obtained his 
discharge, if by his en- 
gagement he was 
bound to combat to the 
death : in this case he 
was under the necessi- 
ty of continuing his 
occupation, and often 
even of fighting the 
same day against a new 
opponent. Augustus 
prohibited this: but 
Caracalla compelled 
the gladiators to sub- 
O 



mit to it. Hence tl'.e 
expression, gladiatori 
laeso missionem petere. 
Martial, xii. 29. 7. mo- 
do vulneribus tanfum, 
modo sine missione 
etiam, sometimes per» 
milling the combatants 
to go no farther than 
wounds, at other times 
to proceed to extremi- 
ties, Liv. 41. 20. To 
this practice Seneca 
makes a beautiful allu- 
sion, Ep. 37. Quid pro- 
dest, paucos dies aut 
annos lucri facere ? 
sine missione nascimur. 
12 Pet. Arbiter. U7. 
Hor. Sat. ii. 7. 5- Suet. 
Tib. 7. Liv. xliv. 3i. 



282 ROMAN ANTIQUITIES. 

Gladiators were distinguished by their armour and manner 
of fighting-. Some were called secutores, whose arms uere a 
helmet, a shield, and a sword, or a leaden bullet.^ With them 
were usually matched ~ the retiarii. A combatant of this kind 
was dressed in a short tunic, but wore nothing on his head."^ He 
bore in his left hand a three-pointed lance, called tridens or 
fuscina, and in his right a net,* with which he attempted to 
entangle ^ his adversary, by casting it over his head and sud- 
denly drawing it together, and then Avith his trident he usually 
slew him. But if he missed his aim, by either throwing the 
net too short or too far, he instantly betook himself to flight, 
and endeavoured to prepare his net for a second cast ; while his 
antagonist as swiftly pursued, (whence the name Secutor,) to 
prevent his design by despatching him. 

Some gladiators were called mirmillones,^ because they car- 
ried the image of a fish on their helmet; hence a retiarius, 
when engaw^ed with one of them, said, " I do not aim at you, I 
throw at your fish." Non te peto, pisgem peto : quid me fugis, 
GALLE ? ^ The Mirmillo was armed like a Gaul, with a buckler^ 
and a hooked sword or cutlass,'-' and was usually matched with 
a Thracian.^" Qiiis Myrmilloni componitiir cBquimanus f Threx, 

Certain gladiators from their armour were called samnites, 
and also hoplomachi. Some dimachceri^ because they fouglit 
with two swords ; and others laqiiearii, because they used a 
noose to entangle their adversaries.^^ 

There was a kind of gladiators who fought from chariots,^- 
after the manner of the Britons or Gauls, called essedarii,'^ 
and also from horseback, with, what was curious, their ey«^s 
sliut,^* who were called andabat.e. Hence andabatarum more 
pugnare^ to fight in the dark or blindfold.^'' 

Gladiators who were substituted ^^ in place of those who were 
conquered or fatigued, were called supposititii, or subdititii. 
Those who were asked by the people, from the emperor, on 
account of their dexterity and skill in fighting, were called 
postulatitii : such were maintained at the emperor's private 
charge, and hence called fiscales or CcBsai'iani. Those who 
were produced and fought in the ordinary manner were called 
ordinarii.^^ When a number fought together,^^ and not in pairs, 
they were called catervarii ; those produced at mid-day, who 
w^ere generally untrained, meridiani.^^ 



Moi.os. \Ql. vii. 10. 



; massa plumbea, Isid. 8 parma vel pclta. 

xviii. 55. 9 slca vel haipe, i. e. 11 Isid. xviii. 56. Liv. Iti supponebantiir. 

2 committebaiitur vel gladio iucurvo et fal- ix. 40. Cic. Sext. 64. 17 Mart v. -'5. 8. Suet, 
componebaiitur. cato. Suet. Gal. 35. Aug. 44. Doni. 4. 

3 Suet. Gal. 311. Claud. 10 Threx vel Thrax, i. 12 ex essedis. 18 gregatitn, temeie, ac 
31. Juv. viii. 205. e. Threcidicis annis 13 Cic. Fam. vii. 6. sine arte. 

4 rete. oriiatus, Cic. Phil. vii. Sni't Cui. 35. ixs. B. 19 Suet. Aus;. 4r>. Gal. 

5 irietire. 6. Liv. xli. 20. Hor. G. v. 2t. 30. Claud. 31. Sen, I41. 
(i a (it)()/ivpoj, pisris. Sat. ii. 6. 4 1. Suet. dl. 14 cl^uisis (X'ldi ;. 7. 

V Fciilus. 3-'. Juv. viii. 201. JVus. 15 llitruiiy. i'.^c, F.iin. 



ROMAN GAMES. 2b 3 

The person who was to exhibit gladiators ^ some time before 
announced the show,^ by an advertisement or bill pasted up in 
public,^ in which he mentioned the number and names of the 
most disting-uished gladiators. Sometimes these things seem to 
have been represented in a picture.* 

Gladiators were exhibited sometimes at the funeral pile, 
often in the forum, Avhich was then adorned with statues and 
pictures, but usually in an amphitheatre ; so called, because it 
was seated all around, like two theatres joined.^ 

Abiphitheatres were at first temporary, and made of wood. 
The first durable one of stone was built by Statilius Taurus, at 
the desire of Augustus, which seems likewise to have been 
partly of wood. The largest amphitheatre was that begun by 
Vespasian and completed by Titus, now called colis.eum, from 
the colossus or large statue of Nero which stood near it. It 
was of an oval form, and is said to have contained 87,000 spec- 
tators. Its ruins still remain. The place Avhere the gladiators 
fought was called arena, because it was covered with sand or 
sawdust, to prevent the gladiators from sliding, and to absorb 
the blood; and the pei-sons who fought arenarii. But arena 
is also put for the Avhole amphitheatre, or the show,^ also for the 
seat of war,^ or for one's peculiar province.® 

The part next the arena was called podium, where the sena- 
tors sat, and the ambassadors of foreign nations ; and where 
also was the place of the emperor,^ elevated like a pulpit or 
tribunal,^*^ and covered with a canopy like a pavilion ;^^ likewise 
of a person who exhibited the games,^^ and of the Vestal vir- 
gins.^^ 

The podium projected over the wall which surrounded the 
arena, and was raised between twelve and fifteen feet above it ; 
secured with a breastwork or parapet ^* against the irruption ot' 
wild beasts. As a further defence, the arena v;as surrounded 
with an iron rail,^^ and a canal.^** 

The equites sat in fourteen rows behind the senators. The 
seats ^^ of both Avere covered with cushions,^® first used in the 
time of Caligula. The rest of the people sat behind, on the 
bare stone, and their seats were called popularia.^^ The en 
trances to these seats were called vomitoria ; the passages"" by 
Avhich they ascended to the seats Avere called scalcB or scalaria ; 
and the seats between two passages Avere, from their form, 
called cunens, a Avedge : for, like the section of a circle, this 

1 editor. 4 Hor. Sat. ii, 7. 95. was Italy, Flor. iii, 20, 13 Suet. Aug. 41. 

■2 munus edicebat, Sen. Plin. xxxv. 7- s 33. 21. iv. 2. Luc. vi. 63. 14 lorica. 

lip- 117. ostendebat, 5 Cic. Verr. i. 22. Plin. 8 Plin, Ep. vi. 12. 15 ferreis clathris. 

pronunciabat, projione- xxxvi. 14. 16, &c. 9 suggestus, vel -um. 16 euripo, Plin. viii. 7. 

bat, &c. Cic. Fum. ii. 6 Suet. Aug. 29. Juv. 10 Suet. Jul. 76. Plin. 17 gradus vel sedilia. 

y. ix. 8. Suet. J ul. '26, iii. 34. Pan. 51. 18 pulvillis, Juv.iii. I.'i2, 

''it. 8. 7 prima belli clvllis are- 11 cubiculum vel papi- 19 Suet. Clau. 25.Duib. 

3 per liuoUuni pubiice naltaliafuit,—tlie first lio, Suet. Ner. 13. 4. Dio. lix. 7. 

i^i-^-uni. field of the civil war J2 editoris tribunal. 20 via:. 



2S-fc 



ROMAN ANTIQUITIES. 



PLAN OF THE AMPHITHEATRE AT POMPKii. 




space gradually widened from the arena to the top. Hence, 
cuneis innotuit res omnibus, the affair was known to all the spec- 
tators.^ 

Sometimes a particular place was publicly granted to certain 
persons by way of honour, and the editor seems to have been 
allowed to assign a more honourable seat to any person he 
inclined.^ 



1 Phtpdr. V. 7. 35. Juv. vi. 61. Suet. Aug. 41 



2 Gic. Phil. ix. 7. Alt. ii. 1. 



ROMAN GAMES. 285 

There were certain persons called designatores or dissigPM' 
tores, masters of ceremonies, who assigned to every one his 
proper place, as undertakers did at funerals ; and Avhen they 
removed any one from his place, they were said eum excitare 
vel suscitare.^ The designatores are thought by some to have 
been the same Avith Avhat were called locarii : ^ but these, ac- 
cording to others, properly were poor people, Avho came early 
and took possession of a seat, Avhich they afterwards parted 
with to some rich person who came late, for hire.^ 

Anciently women were not allowed to see the gladiators, 
without the permission of those in whose power they were. But 
afterwards this restriction was removed. Augustus assigned 
them a particular place in the highest seats of the amphitheatre.* 

There Avere in the amphitheatres secret tubes, from which the 
spectators were besprinkled with perfumes,^ issuing from cer- 
tain figures ; ^ and in rain or excessive heat there were cover- 
ings "^ to draw over them : ^ for which purposes there were holes 
in the top of the outer wall, in which poles were fixed to support 
them. But when the wind did not permit these coverings to be 
spread, they used broad-brimmed hats or caps,^ and umbrellas.''^ 

By secret springs, certain Avood machines called pegmata, vel 
-mcB, Avere raised to a great height, to appearance spontaneously, 
and elevated or depressed, diminished or enlarged, at pleasure. 
Gladiators Avere sometimes set on them, hence called pegmares^^ 
and sometimes boys.^~ But pegmata is put by Cicero for the 
shelves ^^ in which books Avere kept.^* 

Nigh to the amphitheatre Avas a place called spoliarium, to 
which those Avho Avere killed or mortally wounded Avere dragged 
by a hook.^^ 

On the day of the exhibition the gladiators Avere led along 
the arena in procession. Then they were matched by pairs,^'' 
and their swords examined ^'^ by the exhibiter of the games. ^^ 

The annexed cut represents two bronze or embroidered leather, met ornamented with wings, a 
armed gladiators, from a paint- On the right leg is a kind of bus- smaller buckler, thighpieces 
ing at Pompeii— The first wears kin, commonly made of coloured formed of plates of iron, and on 
a helmet having a vizor, much leather, on the left an ocrea or each leg the high greave, called 
ornamented, with the long buck- greave, not reaching to the knee, by t!)e Greeks kvt,ii.I%. These ti- 
ler (scutum). It is presumed that The left leg is thus armed, be- gures appear to represent one of 
he should have for iiitensive cause that side of the body was the light-armed class, called 
■weapon a sword, but the sculp- the most exposed by the an- V^eles, and a Samnite (Samnisj, 
tor has neglected to represent it. cients, whose guard on account so called because they were 
Like all the other gladiators he of the buckler, was the reverse armed after the old Samnite fa- 
wears the subligaculum, a short of the modern guard ; the rest of shion. The former, who has 
apron of red or white stuff fixed the body is entirely naked. The been sixteen times a conqueroi 
above the hips by a girdle of other figure is armed with a hel- in various games, has at last en- 

1 Plaut. Poen. Prol. 19. 5 croco diluto aut allis 11 Mart. Spect. ii. 16. 15 unco trahebantur 
Cic. Att. iv. 3, Hor. fragrantibus liquori- viii. 33. Sen. Ep. 88. Plin. Pan. SO.Sen. l.p. 
Ep. i. 7. 6- Mart. iii. bus, Mart. v. 26. <le Suet. Claud. 34. Cal. 93. Lanipr. Conimoil. 
95. V. 14. vL 9. Spect. 3. 26. fin. 

2 quia sedes vel specta- 6 signa, Luc. ix. SOS. 12 et pueros inde ad ve- 16 pariji inter se com- 
cuU locabant. 7 vela vel velaria. laria raptos, — and boys ponebantur, vel con:- 

3 Mart. v. 25. 8 Juv. iv. 122. snatched up to the i;o- parabantur, Hor. Sat. 
I Val. Max. vi. 3. 1-2. 9 causiae vel pilei. verings, Juv. iv. 12^. I. vii. 20. 

Suet. Aug. 41. Ov. A. 10 Dio. lix. 7. :Mart. 13 pro loculis. 17 explorabantnr. 

ii. 7. 3. xiv. 27, 28. 14 Att iv, 8. 18 Suet. Tit. 9. 



2S6 



KOMAN ANTIQUITIES 



The gladiators, as a pre- 
lude to the battle,^ at first 
fought with wooden swords 
or the like, flourishing^ their 
arms with great dexterity.^ 
Then upon a signal given 
with a trumpet,* they laid 
aside these,^ and assumed 
their proper arms.'' They ad- 
justed themselves ^ with great 
care, and stood in a particu- 
lar posture.^ Hence moveri, 
dejici, vel deturbari de statu 
mentis : depelli, dejici, vel de- 
moveri gradu, &c.^ Then they 
pushed at one another,^" and 
repeated the thrust.^^ They 
not only pushed with the 
point,*^ but also struck with 
the edge.^^ It was more easy to parry or avoid ^* direct thrusts,^* 
than back or side strokes.*'' They therefore took particular 
care to defend their side ; ^^ hence latere tecto abscedere, to get 
off safe ; per alterius latus peti, latus apertum vel nudum dare, 
to expose one's self to danger. Some gladiators had the faculty 
of not winking. Two such, belonging to the emperor Claudius, 
were on that account invincible.*^ 

The rewards given to the victors were a palm (hence pluri- 
marum palmarum gladiator, who had frequently conquered; 
alias suas palmas cognoscet, \. e. ccedes ; *^ palma lemniscata, a 
palm crown, wth ribands -" of different colours hanging from it ; ^* 
sexta palma urbana etiam in gladiatore difficilis), money,^^ and a 
rod or Avooden sword,^^ as a sign of their being discharged fi'oni 
fighting; which was granted by the editor, at the desire of the 
people, to an old gladiator, or even to a novice, for some 
uncommon act of courasre. Those who received it-* were called 




countered a more fortunate, or a time he implores the pity of the t^'^ answering sig" from the 
more sk'.lful adversary. He is people by raising his finger to- spectatois, that he may spare his 
wounded in the breast, and has wards them— for it was tlius that antagonist, or strike the death- 
let fall his buckler, avowinf; the gladiators begged their life, blow, as they decree, 
himself conquered ; at the same Behind him the Samnite awaits 



1 praeludentes vel pro- 
ludentes. 
1 ventilantes. 

3 Cio. Or, ii, 78. Sen. 
Ep. 117. Ov.Art. Am. 
iii. 515. 589. 

4 sonabant (erali clan- 
gore tubae. 

5 arraa lusoria, rudes 
vel gladios hebetes po- 
nebant, v. abjiciebant. 

6 arma pugnatoria vel 
decratoria i e. gladios 



acutos 9umebant,Quin. 
X. 5. 20. Suet. Cal. 54. 

7 se ad pu^nam compo- 
nebant Grll. vii. 3. 

8 in statu vel gradu 
Btabant, Plaut. MiL iv. 

9 Cic' Off. i. 23. Att, 
xvi. 15. Nep, 'Ihem. 5. 
Liv. vi. 32. 

10 petebsnt. 

11 repetebant, Suf^t. 
Cal. 58. 



12 punctim. 

13 caesim. 

14 cavere, propulsare, 
exire, effugere, exce- 
dere, eludere. 

15 ictus adversos, et 
rectas ac simplices ma- 
nus. 

10 manus vel petitiones 
aversas tectasque, 

Ouin. V. 13. 5». ix. 1. 
2(1. Vii«. \x. 439. Cic, 
Cot. i. t>. 



17 latus tegere. 

18 Ter. HeauL iv. 2.6. 
Cic. Vat. 5, Tib.ill. i, 
4. 46. Plin. xi. 37. s. 
54. Sen. Ir. ii. 4. 

19 Mart. Spect.Sa. Cic 
Rose. Am. 6, 30. 

20 lemnisci. 

21 ib. 35. Festus, 

22 Cic. Phil. xi. S.Jnr. 
vii. ult. Suet.Glau.21. 

23 ri.dis. 

'J4 rude Jonati. 



ROMAN GAMES. 



287 



jiUDiARii, and fixed their arms in the temple of Hercules.* But 
they sometimes were afterwards induced by a great hire^ again 
to engage. Those who were dismissed on account of age or 
weakness, were said delusisse? 

When any gladiator was wounded, the people exclaimed, 
HABET, sc. vulnus, vel hoc hahet, he has got it. The gladiator 
lowered* his arms as a sign of his being vanquished: but his 
fate depended on the pleasure of the people, who, if they wished 




him to be saved, pressed down their thumbs ; ^ if to be slain, 
they turned up their thumbs,'' and ordered him to receive the 
sword/ which gladiators usually submitted to with amazing 
fortitude. Sometimes a gladiator was rescued by the entrance 
of the emperor,^ or by the will of the editor. 

The spectators expressed the same eagerness by betting ^ on 
the different gladiators, as in the circus.*" 

Till the year 693, the people used to remain all day at an 
exhibition of gladiators without intermission till it was finished; 
but then for the first time they were dismissed to take dinner, 
A^hich custom was afterwards observed at all the spectacles 
exhibited by the emperors. Horace calls intermissions given to 
gladiators in the time of fighting, or a delay of the combat, 
DiLUDiA, -orumP- 

Shows of gladiators*^ were prohibited by Constantine, but 
not entirely suppressed till the time of Honorius.*^ 



J Hor. Ep. i. 1. Ov. 
Trist. iv, 8. 24. 

2 ingente auctorametito. 

3 Suet. Tib. vii. Plin. 
xxxvi. 27. 

4 submittebat. 

6 pollicem premebant, 
Hor.Ep. i. 18.66, 



6 pollicem Tertebant, 
Juv. iii. 36. hence lau- 
dare utroque pollice, i. 
e. valde, to applaud 
greatly, Hor. Ep.i. 18. 
ti6. Plin. 28. 2. s. 5. 

7 ferrum recipere. 

8 Ov. Pont. ii. 8. 53. 



Clc. Sext. 37. Tuso. ii. 
17. Mil. 34. Sen. Ep. 7. 
177. TranquiL Animi, 
c. 11. Const. Sap. 16. 

9 sponsionibus. 

10 Suet. Tit. 8. Dom. 
10. Mart. ix. 68. 

H Ep.i. 19, 47. Scho:. 



in loc. Die, xxxvii. 46» 
Suet. 

12 cruenta spectacula. 

13 Const. Cod. xi. 43. 
Prudent, contra Symi) » 
ii. 11. 21. 



288 ROMAN ANTIQUITIES. 



III. DRAMATIC ENTERTAINMENTS. 

Dramatic entertainments, or stag;e plays,^ were first introduced 
at Rome, on account of a pestilence, to appease the divine 
^vrath, A. U. 391.^ Before that time there had only been the 
games of the circus. They were called ludi scenici, because they 
were first acted in a shade,^ formed by the branches and leaves 
of trees,* or in a tent.^ Hence afterwards the front of the 
theatre, where the actors stood, was called scena, and the actors 

SCENICI, or SCENICI ARTIFICES.'' 

Stage-plays were borrowed from Etruria ; whence players ^ 
were called histriones, from a Tuscan Avord hister, i. e. ludio : 
for players also were sent for from that country.^ These Tus- 
cans did nothing at first but dance to a flute,^ without any verse 
or corresponding action. They did not speak, because the 
Romans did not understand their language.^" 

The Roman youth began to imitate them at solemn festivals, 
especially at harvest home, throwing out raillery against one 
another in unpolished verse, with gestures adapted to the sense. 
These verses were called versus fescennini, from Fescennia, or 
-ium, a city of Etruria.^^ 

Afterwards, by frequent use, the entertainment was improved,^- 
and a new kind of dramatic composition was contrived, called 
SATYR/E or SATUR.E, stttires, because they were filled with various 
matter, and written in various kinds of verse, in allusion to 
what was called lanx satura, a platter or charger filled with 
various kinds of fruits, which tliey yearly offered to the gods at 
their festivals, as i\\Q primitice, or first gatherings of the season. 
Some derive the name from the petulance of the Satyrs. 

These satires were set to music, and repeated with suitable 
gestures, accompanied with the flute and dancing. They had 
every thing that Avas agreeable in the Fescennine verses, Avith- 
out their obscenity. They contained much ridicule and smart 
repartee ; whence those poems afterwards written to expose 
vice got the name of satires; as, the satires of Horace, of Juve- 
nal, and Persius. 

It was Livius andronicus, the freedman of M. LiviusSalinatnr, 
and the preceptor of his sons, Avho giving up satires,^^ first ven- 
tured to write a regular play,^* A U. 512, some say, 514 ; the 
year before Ennius Avas born, above 160 years after the death 
of Sophocles and Euripides, and about tifty-tAVO years after that 
of Menander.^^ He Avas the actor of his OAvn compositions, as 

1 ludi scenici. 6 Suet. Tib. 34. Caes.84. 10 ibid. 14 arguineiito fabwlam 

2 Liv. vii. 2. Cic. Plane. 11. Ver.iii. 11 Hor. Ep, II. i. 145, serere. 

3 o«a, umbra. 79. 12 sajpius usurpando 15 Cic. Brut. 18. Qell. 

4 Ov. Art. Am. i. 105. 7 ludinnes. res excitata est. xvii. 21. 
Serv. Virg. An. i. 164. 8 Liv. vii. 2. 13 ab saturis, i. e. satu- 

5 oK-nvri, t'abernatuluiii. 9 ad til)iciiiis modos, ris leliclis. 



DRAMATIC ENTERTAINMENTS. 



289 



all then -were. Being- obliged by the audience frequently to 
repeat the same part, and thus becoming hoarse,^ he asked 
permission to employ a boy to sing- to the flute, whilst he acted 
what was sung,^ Avhich he did with the greater animation, as he 
was not hindered by using his voice. Hence actors used always 
to have a person at hand to sing to them, and the colloquial 
part ^ only was left them to repeat. It appears there was com- 
monly a song at the end of every act.* 

Plays were afterwards greatly improved at Rome from the 
model of the Greeks, by N^evius, Ennius, Plautus, C^cilius, 
Terence, Afranius, Pacuvtus, Acgius, &c. 

After playing Avas gradually converted into an art,^ the 
Roman youth, leaving regular plays to be acted by professed 
players, reserved to themselves the acting of ludicrous pieces or 
farces, interlarded with much ribaldry and buffoonery, called 
EXODiA, because they were usually introduced after the play, 
when the players and musicians had left the stage, to remove 
the painful impressions of tragic scenes, or fabell.e atellan.t;, 
or LUDi osci, LUDiCRUM oscuM,^ from Atella, a town of the Osci 
in Campania, where they were first invented and very much used. 

The actors of these farces'^ retained the rights of citizens,^ 
and might serve in the army, which was not the case with com- 
mon actors, who were not respected among the Romans as 
among the Greeks, but Avere held infamous.^ 

Dramatic entertainments, in their improved state, Avere chiefly 
of three kinds, comedy, tragedy, and pantomimes. 

I. Comedy^" Avas a representation of common life,^^ Avritten in 
a familiar style, and usually Avith a happy issue. The design of 
it Avas to expose vice and folly to ridicule. 

priiiiand. The actor, 
emboldened by the pa- 
tience of the people, 
sought to awaken 
their feelings, and the 
tears flowed. In the 
tragedy of Brutus, Ci- 
cero was proclaimed 
by name the saviour of 
the commonwealth, and 
a thousand voices re- 
peated the homage, 
(Scxt. 56.) while the 
malevolence of his 
vho were 



1 quum vocem obtu- 
disset. 

2 canticuin agebat. 

3 diverbia. 

4 Liv. vii. 2. Plaut. 
Pseud, ii. ult. 

5 Indus in artem paula- 
Vim verterat. 

6 lac. Ann. iv. 14. Liv. 
■«■,!. 2. Cic. Fam. vii. 1. 
Schol. Juv. ill. 175. vi. 
71. Suet. Tib. 45. Dom. 
10. 

7 atellani vel atellana- 
runi actores. 

8 non tribu moti sunt. 

9 Ulp. 1.2. s. 5. D. de 
his qui not. infani. — 
Nep. Prsef. Suet. Tib. 
35 In the time of Ci- 
cero, actors were rank- 
ed amon^ the lowest 
classes of the people. 
Those who performed 
the Comcedia; A tell a- 
nas (a national specta- 
cle) were alone classed 
as citizens in the tribes 
ot Rome. No other 
actor was ever permit- 



ted to serve, even as a 
common soldier. We 
see, from several pas- 
sages of Plautns, that 
actors were wliipt with 
rods as other slaves, 
Cistell. act. 5. Caterva. 
Under Augustus, a de- 
cree of the senate pro- 
hibiled tlie equites and 
the senators from ap- 
pearing on the stage, 
.Suet. Au^'. 45; and, 
even under the immo- 
ral government of Ti- 
berius, the senators 
were proliibited from 
witnessing the perfor- 
mances of the panto- 
mimes, and the equites 
from accompanying 
them on the streets, 
Suet. Tib.Tac. Ann. 1. 
1. We should deceive 
ourselves then, were 
we to regard as honour 
rendered to a degraded 
profession the marks 
of esteem bestowed on 
some comedians on ac- 



2b 



count of their merit. 
These exseptions, few 
in number, had refe- 
rence only to indivi- 
duals. What Cicero 
says, in two of his ora- 
tions, in honour of the 
comedian Roscius, 

proves only that the 
Ixonian people krew 
how to render justice 
to merit even on the 
stage, Cic. Rose. Com. 
1. c. li. We know with 
what familiarity Py- 
lades the pantomime 
spoke to Augustus. 
Some instances prove 
also the inlluence 
which the theatre ex- 
ercised over the Ro- 
mans : at the time of 
the banishment of Ci- 
cero, a comedian 
thought himself autho- 
rised to represent to 
the Roman people 
their ingratitude and 
their inconstancy ; the 
people suffered the re- 



present and still in 
power, durst not ma- 
nifest itself in opposi- 
tion to their acclama- 
tions of gratitude. — 
See Meierotto, on the 
Manners and Life of 
the Romans, &c. Part 
I. p. 15;2. 

10 comoedia, quasi xcj- 
/J.VS Olio, the song of 
the village. 

11 quotidiawB vitaa spe- 
culum. 



290 ROMAN ANTIQUITIES. 

Comedy, among tlie Greeks, was divided into old, middle, 
and new. In the first, real characters and names were repre- 
sented ; in the second, real characters, but lictitious names; 
and in the third, both fictitious characters and names. Eupolis, 
Cratinus, and Aristophanes excelled in the old comedy, and 
Menander in the new.^ Nothing was ever known at Rome but 
the new comedy. 

The Roman comic writers, Naevius, Afranius, Plautus, Cae- 
cilius, and Terence, copied from the Greek, chiefly from men- 
ander, who is esteemed the best writer of comedies that ever 
existed ; ~ but only a few fragments of his works now remain. 
We may, however, judge of his excellence from Terence, his 
principal imitator. 

Comedies, among the Romans, were distinguished by the 
character and dress of the persons introduced on the stage. 
Thus comedies were called togat.e, in which the characters 
and dress were Roman, from the Roman toga, so carmen togatum^ 
a poem about Roman affairs. Pr.etextat.e, \e\pr(Btextoe,\\hQn 
magistrates and persons of dignity were introduced; but some 
take tliese for tragedies ; '^ TRABEATiE, when generals and officers 
were introduced ; tabernari.^i, when the characters were of low 
rank ; palliat.e, when the characters were Grecian, i'rom pallium, 
the robe of the Greeks ; motori.e, when there were a great 
many striking incidents, much action, and passionate expres- 
sions ; STATARi.ii, when there was not much bustle to stir, and 
little or nothing to agitate the passions ; and mixt.k, when some 
parts were gentle and quiet, and others the contrary.* The re- 
presentations of the atellani were called comcedia atdlance. 

Tiie actors of comedy wore a low-heeled shoe, called soccus. 

Those Avho wrote a play, were said docere \e\ facer e fahulam ; 
if it was approved, it was said stare, stare recto talo, placere, &c. 
if not, cadere, cxigi, exsibilari, &c. 

II. Tragedy is the representation of some one serious and 
important action, in which illustrious persons are introduced, 
as, heroes, kings, &c. written in an elevated style, and generally 
with an unhappy issue. The great end of tragedy was to ex- 
cite the passions, chiefly pity and horror ; to inspire the love 
of virtue, and an abhorrence of vice. It had its name, accord- 
ing to Horace, from rqayog, a goat, and uo-fi, a song ; because a 
goat was the prize of the person who produced the best poem, 
or was the best actor,^ to which Virgil alludes. Eel. iii. 22 ; ac- 
cording to others, because such a poem was acted at the festival 
of Bacchus after vintage, to whom a goat was then sacrificed, as 
being the destroyer of the vines ; and therefore it was called, 

1 Kor.Sat. 5. 4. Ep.ii. 3 Juv. i. 3. Hor. A. P. A. P. 225. Ter. Heaut. 5 Cic. Or. i 61. Hor. 
1.57. Quin. X. ]. 281.Stat. Silv.ii.7. 53. prol. 3P. Don.Ter. Cic. A. P. 220. 

2 (>iji.x. 1. 4 Suel, Gram. 21. Hor. Jinit. 116. 



DRAMATIC ENTERTAINMENTS. 



291 



T^«yiaB/(5f, the goat's song. Primi ludi theatrales ex liberalibus 
nati sunt, from the feasts of Bacchus.^ 

Thespis, a native of Attica, is said to have been the inventor 
of tragedy, about 536 years before Christ. He went about with 
liis actors from village to village in a cart, on Avhich a tem- 
porary stage was erected, where they played and sung, having 
their faces besmeared Mith the lees of wine,^ whence according 
to some, the name of tragedy, (from T^y|, -vyog, new w ine not 



refined, or the lees of wine, and uhog, a singer ; hence r^ 

a singer thus besmeared, who threw out scoffs and raillery 

against people.) 

Thespis was contemporary Avith Solon, Avho was a great 
enemy to his dramatic representations.-^ 

Thespis was succeeded by .^'schylus, who erected a permanent 
stage,* and was the inventor of the mask/ of the long flowing 





MASKS. 
Cr.EMENS A loxandrinus informs 
us, that masks were mentioned 
in the poems of Orplieus and Li- 
nus, whpnce we may judge of 
their antiquity. On the other 
hand it is certain, that theatrical 
masks only came into use in the 
time of -tschylus; that is, about 
the 70th Olympiad, and conse- 
quently above seven or eight 
hundred years later. Ihe first 
niiisks of which Clemens Alex- 
andrinus speaks, were not dilfe- 
rent frojn those we now use; 
whereas the masks lor the thea- 



tre were a sort of head-pieces 
that covered the whole hi-ad, and 
represented not only the features 
of a face, but the beard, ears, 
hair, and even all the ornamenis 
in a woman's head-dress, -^t 
least this is the account we have 
of them from Festus, Pollux, Au- 
lus Gellius, and all the authors 
who mention them. Tliis is 
likewise the idea Phsdrus gives 
of them in his Fable of the Mask 
and the Fox. And it is more- 
over a fact which an infinity of 
bas-reliefs and en^^raved stones 
put beyond all doubt. 

We must not, however, i[ua- 



gine, that the theatrical masks 
had always the same form; for 
it i^ certain they were very gra- 
dually brought to tills pe.-fection. 
K\\ writt-rs agree, that at first 
they were very imperfect. At 
first the actors only oisguised 
themselves by bedaubing their 
faces with the lees oc wine ; and 
it was ill that manner the pieces 
of Thespis were acted — Oui ca- 
nerent agerentve peruncti fa;ci- 
bus ora. — Who played and sung 
their pieces, having tiielr facts 
stained with Ices ot wine,— Hor. 
Art Poet. 277. 

They continued afterwards to 



1 Scrv. Virg. G. ii.381. 
2, peruncti isecibus era. 



de Art. Poet. 3 Pint, in Solone. pita tignis. 

4- modicis instravit pul- 5 persona. 

2b2 



292 



ROMAN ANTIQUITIES. 



robe/ and of the high-heeled shoe or buskin,^ which tvcagedians 
^vore : whence these words are put for a traoic style, or for 
tragedy itself, as soccus is put for a comedy or a familiar style. 
Nee comcedia in cothurnos assurgit, nee contra irogcsdia socco 
ingreditur, comedy does not strut in buskins, neither does 
tragedy trip along in slippers.^ 



make a sort of masks with the 
leaves of the arcion, a plant 
which the Greeks called for that 
reason irpoaoi-riov\ and it was 
likewise called sometimes among 
the Latins, personata, as appears 
from this passage in Pliny, — 
quidam arcion personatam vo- 
cant, cujus folio nullum est la- 
tins. 

In fine, after dramatic poetry 
was become complete in all its 
parts, the necessity the actors 
found of imagining some way of 
changing their figure and mein 
in an instant, in order to repre- 
sent personages of diii'erent ages 
and characters, put tliem on con- 
triving the masks we are now 
speaking of. But it is not easy 
to trace ihem to their first in- 
ventor ; for authors are divided 
into various opinions on that 
head. Suidas and Athena;us 
give the honour of the invention 
to the poet Cha-rilus, contempo- 
rary with Tliespis. Horace, on 
the otlier hand, gives it to /Es- 
chylus.— Post hunc personae pal- 
Ixque reperlor honesta; iKscliy- 
lus. — .-I'^schylus, the inventor of 
the mask and decent robe. — • 
Hor. Art. Poet. 278. And Aris- 
totle, who in all probability must 
have been better instructed in 
this matter, tells us in the Sth 
chapter of his poetics, that it was 
unknown in liis time to whom 
the glory of the invention was 
due. 

But though we cannot precise- 
ly determine by whom this kind 
of mask?, was invented, yet the 



names of those are prest 



rved to 



us who first introduced any par- 
ticular kind of them upon the 
theatre. Suidas, for instance, 
informs us, itwas the poet Phry- 
nicus who first brought a female 
mask into use: and Neophron of 
Sicyon first introduced one for 
that kind of domestic among the 
ancients, who was charged with 
the care of their children, from 
whose aipellation we have the 
word pedagogue. Athenxus re- 
lates, that it was /Eschyius who 
first dared to bring upon the 
stage drunken pc^rsonages in his 
Ko/9£ipoi : and that it was an ac- 
tor of Megara, called Maisnn, 
who invented the comic masks 
for a valet and a cook. We read 
in Pausanias, that ^Eschyius in- 
troduced the use of hideous 



frightful masks in his Eumeni- 
des: but that it was Euripides 
who first adventured to add ser- 
pents to them. 

IMasks were not aways made 
of the same materials. The first 
were of the bark of trees.— Ora- 
que corticibus sumunt horrenda 
cavatis.— And put on horrid 
masks made of barks of trees. — 
Virg. Geo. 1 2. 387. 

We learn from Pollux, that af- 
terwards some were made of 
leather lined with linen or some 
stuff. But these masks being 
easily spoiled, they came at last, 
according to Hesychius, to make 
them wholly of wood. And they 
were formed by sculptors accor- 
ding to the ideas of the poets, as 
we may see from the Fable of 
Phaedrus we have already quot- 
ed. 

Though Pollux enters into a 
very long detail of the theatrical 
masks, yet he only distinguishes 
three sorts; the comic, tragic, 
and satiric ; and in his descrip- 
tion he sives to each kind as 
much deformity as it was possi- 
bly susceptible of; that is, fea- 
tures caricatured to the most 
extravagant pitch of fancy, a hi- 
deous absurd air, and a wide ex- 
tended mouth, ever open to de- 
vour the spectators, so to speak. 

But there being upon an infi- 
nity of ancient monuments, 
masks of a quite opposite form 
and character, that is to say, 
which have natural and agreea- 
ble faces, and nothing like that 
large, gaping mouth which ren- 
ders others so frightful; I was 
long at a loss to what class I 
should refer them ; and 1 have 
consulted the most learned in 
these matters for my information 
to no purpose; they are so divi- 
ded on this subject, that I have 
not been able to draw any satis- 
laction from them about it. 

But if we reflect on the one 
hand, that some authors speak 
of a fourth sort of masks not 
mentioned by Pollux, I mean 
those of the dancers; and if we 
consider on the other hand, that 
in such masks there was no oc- 
casion for that large ouverture 
which rendered the others'so de- 
formed, and which was certainly 
not given to them by the an- 
cients, without some very ne- 
cessary reason, 1 am apt to think 



the masks in question were of 
this fourth kind; and the more 
I have considered them, the 
more I am confirmed in this opi- 
nion. As probable however as 
it appeared to me, it was but a 
conjecture, and some positive 
authority was wanting, before it 
could be laid down as truth: and 
this is what I have at last found 
in a passage of Lucian, which 
leaves no room for further scep- 
ticism on the subject. 

It is in his dialogue upon 
dancing, where after having 
spoken of the ugliness of other 
masks, and of that wide mouth 
in particular common to tliem 
all, he tells us that those of the 
dancers were of a quite different 
make, and had none of these de- 
formities. " With regard," saith 
he, " to the equipage of the dan- 
cers, it is needless to go about to 
prove its aptitude and conve- 
niency; that one must be blind 
not to allow. As for their 
masks nothing can be more 
agreeable, they have not that 
wide hideous mouth of the 
others; but are perliictly natu- 
ral, and correspondent to their 

It is therefore unquestionably 
to this class that we must refer 
the masks now under our consi- 
deration. And we can no longer 
doubt, tltat there was besides the 
three kinds mentioned by Pollux, 
a fourth, which they called Or- 
chestric, and sometimes mute 
masks, op;^7?ffrpi«a «at afpiuva, wpoo- 

But this is not the only omis- 
sion Pollux may be reproached 
with on the subject of masks. 
Even of those which he men- 
tions, there are three sorts he 
hath not distinguished, which 
had however tlicir different de- 
nominations, npoffwiTfiov^ f^^P~ 
/xo>u«etor, yopyovetov. For though 
those names were in process of 
time used promiscuously, to sig- 
nify all sorts of masks, yet it is 
probable that the Greeks first 
employed them to distinguish 
three dift'erent kinds : and we 
find in fact in their pieces three 
sorts, the dift'erent forms and 
characters of which, answer ex- 
actly to the different meanings 
of these three terms. 

The first and more common 
sort were those which represen- 



1 paIla,stola,velsyrma. 3 Virg. Eel. viii. 10. 
3 cothurnus. Juv. viii. 3:^9. xv. 30. 



Mart. 



i. 20. iv. 49. v. 
3. Hur. Od. ii. 



1.12. Ep. ii. 174. A. P. 
80. 90. Quinc.x.2. 22. 



DRAMATIC ENTERTAINMENTS. 



293 



As the ancients did not wear breeclies, the players always 
wore under the tunic a girdle or covering.^ 

After Ji^schylus, followed Sophocles and Euripides, who 
brought tragedy to the highest perfection. In their time 
comedy began first to be considered as a distinct composition 
from tragedy ; but at Rome comedy was long cultivated, be- 
fore any attempt was made to compose tragedies. Nor have 
we any Roman tragedies extant, except a few, which bear the 
name of Seneca. Nothing remains of the works of Ennius, 
Pacuvius, Accius, &c. but a few fragments. 

Every regular play, at least among the Romans, was divided 



ted real life, and they irere pro- 
perly denominated n^oiruiviiov. 
The two other sorts were not so 
common; and hence it was that 
the term TrpoCTourEtov being more 
used, became the general name 
for them all. One sort repre- 
sented the shades, and being fre- 
quently employed in tragedy, 
and having something friahtful 
in their appearance, the Greeks 
called them ^op^oXuKeiov. The 
last kind were contrived on pur- 
pose to terrify, and only repre- 
sented horrible figures, such as 
Gorgons and Furies, whence 
they had the name of yooyovtiov. 

It is possible that these terms 
did not lose tiieir original signi- 
fication till the masks had en- 
tirely changed their first form; 
that is, in the time of the new 
comedy: for till then there was 
a sensible dift'erence amongst 
Them. But at last the several 
kinds were confounded : the co- 
mic and tragic only differed In 
size and in ugliness, and the 
dancers' masks alone preserved 
their first appearance. 

Pollux not only tells us in ge- 
neral, that the comic masks 
were ridiculous, but we learn 
from the detail of them he has 
left us, that the greater part of 
them were extravagant to ab- 
surdity. There was hardly any 
of them which had not distorted 
eyes, a wry mouth, hanging 
cheeks, or some such other de- 
formity. 

With respect to the tragic 
masks they were yet more hide- 
ous ; for over and above their 
enormous size, and that gaping 
mouth wh.ch threatened to de- 
vour the spectators, they gene- 
rally had a furious air, a threa- 
tening aspect, the hair standing 
upright, and a kind of tumour on 
the forehead, which only served 
to disfigure them, and render 
them yet more terrible. 

Thus, ill a letter to Zena and 
Serenus, falsely ascribed to Jus- 
tin IJartyr, but very ancient, we 
have the following passage : — 
" In like manner as he who roars 



out with all his strength in re- 
presenting Orestes, appears 
huge and terrible to the gaping 
spectators, because of his bus- 
kins with their high heels, his 
false belly, his long training 
robe, and his frightful mask."' 

And in the work of Lucian al- 
ready quoted, we meet with this 
description of a tragedian: — 
"(^/an any thing be more shocking 
or frightful ? a man of huge sta- 
ture, mounted upon high heels, 
and carrying on his head an 
enormous mask, the very sight 
of which fills with dread and 
horror; for it gapes as if it were 
to swallow the spectators." 

In fine, t^te satiric sort was 
the absurdest of them all, and 
having no other foundation but 
in the caprice of poets, there 
wprp no imaginable ndd figures 
which these masks did not ex- 
hibit ; for besides fawns and sa- 
tyrs, whence they had their 
names, some of them represen- 
ted Cyclopes, Centaurs, &c. In 
one word, there is no monster 
in fable which was not exhibited 
in some of these pieces by pro- 
per masks. And therefore we 
may sny, it was the kind of dra- 
matic entertainments in which 
the use of masks was most ne- 
cessary. 

Not but that they were indis- 
pensably so in tragedy likewise, 
to give the heroes and demigods 
that air of grandeur and majesty 
they %vere supposed to have 
really had. For it is no matter 
Avhence that prejudice came; or 
whether tliey were really ot" a 
supernatural size; it was suffi- 
cient that this was the received 
opinion, and that the people be- 
lieved it to make It necessary to 
represent them as such; they 
could not have been otherwise 
exhibited without trimsgressing 
against probability ; and by con- 
sequence, it WdS impossible to 
bring them on the stage without 
the assistance of masks. 

But what rendered it impossi- 
ble for the actors to perform 
their parts without them, was 



their being obliged to represent 
personages not only of different 
kinds and characters, but like- 
wise of different ages and sexes; 
I say different sexes, for it must 
be remembered there were no 
actresses among the ancients ; 
the female characters in their 
pieces were acted by men. 

From what hath been said, it 
results, that three things made 
the use of masks absolutely ne- 
cessary on the theatre. First, 
the want of actresses to act the 
parts of women. Secondly, that 
extraordinary size of which tra- 
gic personages were in posses- 
sion. And thirdly, the very na- 
ture and genius of the satyric 
kind. 

But, besides the indispensa- 
ble necessity of each of those 
sorts of masks in particular ; 
there were some general advan- 
tages which accrued from them, 
all of no small consideration. 
For first, as every piece had its 
own masks prober to it, and 
therefore the same actor could, 
by changing his mask, act seve- 
ral parts in the same piece, with- 
out being perceived to do so. 
The spectators, by this means, 
were not cloyed with always 
seeing the same faces, and the 
actors were, so to speak, multi- 
plied to all the necessary vari- 
ety, at a very easy rate. 

And as they used them like- 
wise to represent the fares of 
the persons in'ended to be re- 
presented, it was a method of 
rendering the representation 
move natural than it could other- 
wise have been, especially in 
pieces where the intrigue turned 
upon a perfect resemblance of 
t:ices, as in the Amphitryon and 
the IMenechmi. It was with the 
faces of the actors then as it is 
now w^ith respect to the orna- 
ments ill our scenes, which must 
be magnified to have their due 
effect at a certain distance. — 
Boindin's Dis'.ourse on Masks, 
delivered to the Acp.dtmy of In. 
srripiions and Belles Lettres. 
July 1st, 1712. 



1 subligocuJuin vel subligar verccundiae causa. Ci:. Oil'. 
•<^ B 3 



Juv. vi, GO. Ma:t, 



294 



ROMAN ANTIQUITIES. 



into five acts ; * the subdivision into scenes is thought to be a 
modern invention. 

Between the acts of a tragedy were introduced a number of 
singers, called the chorus, who indeed appear to have been 
always present on the stage. The chief of them, who spoke for 
the rest, was called choragus or coryphcBus. But ghoragus is 
usually put for the person who furnished the dresses, and took 
care of all the apparatus of the stage ,^ and choragium for the 
apparatus itself,^ choragia for choragi ; hence falscB choragium 
(jloricB, something that one may boast of.^ 

The chorus was introduced in the ancient comedy, as we see 
from Aristophanes ; but when its excessive licence was sup- 
pressed by law, the chorus likewise was silenced. In Plautus 
a choragus appears and makes a speech.^ 

The music chiedy used Avas that of the flute, which at first 
was small and simple, and of few holes : ** but afterwards it was 
bound with brass, had more notes, arid a louder sound. 

Some flutes were double, 
and of various forms. Those 
most frequently mentioned 
are the tibicB dextr(B and si- 
nistrcBy pares and impares, 
which have occasioned so 
much disputation among cri- 
tics, and still appear not to 
be sufficiently ascertained. 
The most probable opinion 
is, that the double flute con- 
sisted of tAvo tubes, which 
were so joined together as to 
have but one mouth, and so 
were both blown at once. 
That which the musician 
played on with his right hand 
was called tihia dextra, the 
right-handed flute ; with his 
left, tibia sinistra, the left- 
handed flute. The latter had 
but few holes, and sounded a 
deep serious bass ; the other 
had more holes, and a sharper and more lively tone.' When 
two right or tsvo left-handed flutes were joined together, they 
w^ere called tibice pares dextrcB, or tibice pares sinistr(B. The 
flutes of different sorts were called tibias impares, or tibidb dextra 




1 Hor. Art. Poet. 1S5. 

2 I'laut. Peis. L 3. 79. 
Trinumm. iv. 2. 16. 
Suet. Aug. 70. Hor. 



Art. Poet. 193. 15. 

3 instrumentum sceiia- 4 Vitr. v. 9. Gic. Herr. 

rum, Fest Plaut. Cap. iv. 50. 

prol. 61. Plin. xxxvi, 5 Hor. Art. Poet. 283. 



Plaut. Cure. iv. 1. 

6 Hor. A. P. 202. 

7 Plin. xvi. 36. s. C6. 
Varr. R, B. 1. 2. 15. 



DRAMATIC ENTERTAINMENTS. 



295 



et sinistrce. The right-handed flutes were the same with what 
were called the Lydian flutes,^ and the left-lianded with the 
Tyrian flutes.- Hence Virgil, biforem dat tibia cantum, i. e. 
bisonum, imparem, ^n. ix. 618. Sometimes the flute was 
crooked, and is then called tibia Phrygia or cornu.^ 

III. Pantomimes were representations by dumb-show, in 
which the actors, who were called by the same name with their 
performances (mimi vel pantomimi), expressed every thing by 
their dancing and gestures without speaking; * hence called also 
chironomi.^ But pantomimi is always put for the actors, who 
were likewise called planipedes, because they were without 
shoes.^ They wore, however, a kind of wooden or iron sandals, 
called scABiLLA or scabella, which made a rattling noise when 
they danced.^ 

The pantomimes are said to have been the invention of 
Augustus ; for before his time the mimi both spoke and acted. 

MiMus is put both for the actor and for what he acted, not 
only on the stage, but elsewhere.^ 

The most celebrated composers of mimical performances or 
farces^ were Laberius and Publius Syrus, in the time of Julius 
Cffisar. The most famous pantomimes under Augustus were 
Pylades and Bathyllus, the favourite of Mascenas.^" He is called 
by the scholiast on Persius, v. 123, his freedman ; ^^ and by 
Juvenal, mollis^ vi. 63. Between them thei-e was a constant 
emulation. Pylades being once I'eproved by Augustus on this 
account, replied, " It is expedient for you, that the attention of 
the people should be engaged about us." Pylades was the 
great favourite of the public. He was once banished by the 
power of the opposite party, but soon afterwards restored. The 
factions of the different players sometimes carried their discords 
to such a length, that they terminated in bloodshed.^- 



1 tibia; Lydis. 

2 tibit-e Tyriae vel Sarra- 
na;, vel Serranae. 

3 Vir-. /En. vii. 737. 
Ov. Met. iii. 532. Pont. 
I. i. 32. Fast. iv. 181.— 
Among the Romans 
and other nations, the 
flute was employed on 
almost every occasion, 
and at every solemnity. 
It was made use of in 
triumphs (Censorin. de 
die Nat. c. 12.) C. 
Diiilius, who first ob- 
tained the lionour of a 
triumph, for a naval 
victory over the Car- 
thaginians (triumpUum 
navalem), was con- 
stantly accompanied, 
in commemoration of 
that event (quasi <(uo- 
liJie Iriumpharet), bya 
tli.le-player (tihicen), 
\vli» iviilkcd before him 



when he returned to 
his house, every time 
that he supped abroad, 
Flor. ii. 2. Val. Max. 
iii. fi. Qui nocturnus 
honos, fnnalia clara, sa- 
cerque, post epulas, ti- 
hicen adest, Sil. Ital. 
lib. 6. Cic. de Senat. 
They sang the praises 
of the gods, and offer- 
ed up to them iheir 
prayers, to the sound 
of the flute (tibiae). Is. 
ii. 15. Stat. Theb. lib. 
8. They employed it 
in religious ci'remonies 
and in sacrilires, Ovid. 
Fast. lib. 6. Prop. lib. 
4. 6, It wa.s equally 
to the sound of the 
flute that they ha- 
rangued the people, 
that they read poitry, 
and that they sang the 
l>rais'.s of heroes in 



feasts and at funerals: 
orators sought, by the 
aid of the flute, to 
give modulation and 
suitable accent to their 
voices. Poets, and 
above all, lyiic poets, 
availed themselves of 
it as much when they 
read their verses ; 
hence, si neque tibias 
Euterpe cohibet, nee 
Polyhymnia Lesboum 
refugit tendere barbi- 
ton, Hor. i. Od. i.; on 
which Christoph. Lan- 
dinus makes the fol- 
lowing remark ; si :Mu- 
s;e, quasi per Kuter- 
pen unani ex iis, desig- 
nat, non prohibentur a 
tibia, id est, a versi- 
bus, qui tibia canuntur. 

4 loquacl manu. 

5 Juv. xiii. 110. vi. 6?. 
Ov. irist. ii. 51j. 



Mart. iii. S6. Hor. i. 
18. 13. ii. 2. 125. Man, 
v. 474. Su<-t. Ner. 54. 

6 excalceati, Sen.Ep. 8. 
Quin. V. 11. Juv. viii. 
191.Gell. i. 11. 

7 Cic. CoeL 27. Suet. 
Cal. 54. 

8 Cic. Coel. 57. Ver. iii. 
36. Rab. Post.l-J. Phi), 
ii. 27. Suet. Caes. 3H. 
Ner. 4. 0th. 3. GaL 45. 
Aug. 45. 100. Sen. Ep. 
80. Juv. viii. 198. 

9 miniographi. 

10 Suet. Jul. 39. Hor. 
,Sat. i. 10.6. Gell.xvii. 
14. Tac. Ann. i. 54. 

11 libertus .Miecenatis. 

12 Suet. Tib. 37. Din. 
liv. iV.Macrob. Sat. ii. 
7. Sen. Ep. 47. Nat. 
O. vii. oi. Petroii. 5. 



296 



ROMAN ANTIQUITIES. 



The Romans had rope-dancers,^ who used to be introduced 
in the time of the play,^ and persons who seemed to fly in the 
air,^ who darted* their bodies from a macliine called petaurum^ 
vel -us ; also interludes or musical entertainments, called embo- 
LiA, or ACROAMATA ; but this last word is usually put for the 
actors, musicians, or repeaters themselves, who were also em- 
ployed at private entertainments.^ 

The plays were often interrupted likewise by the people 
calling out for various shows to be exhibited ; as the represen- 
tation of battles, triumphal processions, gladiators, uncommon 
animals, and wild beasts, &c. The noise which the people 
made on these occasions is compared by Horace to the raging 
of the sea.'' In like manner, their approbation ^ and disappro- 
bation,^ which at all times were so much regarded.^ 

Those who acted the principal parts of a play were called 
adores primarum partium ; the second, secundarum partium / 
the third, tertiarum^ &c,^" 

The a(^tors were applauded or hissed as they performed their 
parts, or pleased the spectators. When the play was ended, an 
actor always said plaudite.^^ 

The actors who were most approved received crowns, &c. as 
at other games ; at lirst composed of leaves or flowers, tied 
round the head with strings, called struppi, sti'ophia, v. -iola}'^ 
afterwards of thin plates of brass gilt,''^ called corolla or corol- 
laria ; first made by Crassus of gold and silver.^* Hence corol- 
LARiuM, a reward given to players over and above their just 
hire,^^ or any thing given above what was promised.^'' The 
emperor M. Antoninus ordained that players should receive 
from five to ten gold pieces,^'^ but not more.^'' 

The place Avhere dramatic representations were exhibited 
was called theatrum, a theatre.^^ In ancient times the people 
viewed the entertainments standing; hence stantes for specta- 
tors ; -" and A. U. 599, a decree of the senate Avas made, prohi- 
biting any one to make seats for that purpose in the city, or 
within a mile of it. At the same time a theatre, which was 
building, was, by the appointment of the censors, ordered to be 
pulled down, as a thing hurtful to good morals.-^ 

Afterwards temporary theatres were occasionally erected. 
The most splendid was that of M. J^lmilius Scaurus, when aediie, 

1 funambuli, scliceno- ii. 4. Nep. Att. 14. Cic. Csec. 15. Asc. loc. vii. 24. Cic. Verr. iii. 
bate vel neurobatae. 6 F-p. II. i. 1b5. 11 Quin. vi. 1. G c. 79. i v. 22. Suet. A ug. 

2 Ter, Hec. PioL 4. 34. 7 plausus. Rose. Com. 2. At. i. 3. 45. 

Juv. iii. 77. 8 sibilus, strepitus, fre- IK. Ter. 16 Cic. Verr. iii. 50. 

3 petauristJE. mitus, clamor, toni- 12 Fest. Plin. xxi. 1. Plin. ix. 35. s. 57. 

4 jactabant vel excutie- truum, Cic. Fam. viii. 13 e lamina icrna tcnui 17 aurei. ^ 
bant. 2. fistula pastoritia, At. inaurata aut inargenta- 18 Capitolin. 11. 

b Fest. Juv. xiv. 265. 16. ta. 19 a irao^at, video. 

Man. iii. 438. Mart. ii. 9 Cic. Pis. 27. Sext. 51 14 Plin. xxi. 2, 3. 20 Cit . Am. 7. 

86. Cic. Sext. 54. Ver. — 56. Hor.Od. i. 20. ii. 15 additum pr;eterquam 21 nociturum piiblicis 

iv. 22. Arch. 9. Suet. 17. quod flebilum est, Var. moribus, Liv. Kp. 

Aug. 77. Jlacrob. Sat. 10 Ter. Phur. prul. 28. L, L. iv. 36. Pliu. Ep. xlvii:. Val.Max. ii.4.3. 



DEAMATIC ENTERTAINMENTS. 



297 



which contained 80,000 persons, and was adorned with amazing- 
magnificence, and at an incredible expense.^ 

Curio, the partisan of Casar, at the funeral exhibition in 
honour of his father,^ made two large theatres of wood, adjoin- 
ing to one another, suspended each on hinges,^ and looking 
opposite ways,"^ so that the scenes should not disturb each other 
by their noise ; ^ in both of which he acted stage plays in the 
former part of the day ; then having suddenly Avheeled them 
round, so that they stood over-against one another, and thus 
formed an amphitheatre, he exhibited shows of gladiators in 
the afternoon/ 

Pompey first reared a theatre of hewn stone in his second 
consulship, which contained 40,000 ; but that he might not 
incur the animadversion of the censors, he dedicated it as a 
temple to Venus. There were afterwards several theatres, and 
in particular those of Blarcellus and of Balbus, near that of 
Pompey ; hence called tria theatra, the three theatres.^ 

Theatres at first were open at top, and, in excessive heat or 
rain, coverings were drawn over them, as over the amphi- 
theatre, but in later times they were roofed.^ 

Among the Greeks, public assemblies were held in the 
theatre ; and among the Komans it Avas usual to scourge male- 
factors on the stage.^ This tl^ Greelcs called ^soctpi^h:^ et 

The theatre was of an oblong semicircular form, like the 




1 PIin.xxxvi.l5.s.24.S 5 ne invicem obstrepe- SS.Dio. xliii. 49. Tac. 

2 funebri patrismunere rent. xiv. 19. Ov. Trist, iii. 

3 cardinum singulorum 6 Plin. xxxvi. 15. 12, 13. 24. Am. ii, 7. 3. 
ili suspensa li- 7 Supt. Claud. 21. Aug. Art. iii. 394. 



bvamento. 
4 inter se aversa 



45. Tertull. Spect. lO. 8 Stat. Sylv. iii 5. 91. 
Plin. viii.7.Diu. xxxi:^. Plin. xix. 1. s. 6. 



xxxvi. m, s. 24. Lucr. 

iv. 73. vi. lOS. 
9 Suet Aug. 47. Tac. ii. 
Sn. Sen. l.p. 108. Cic 
flacc. 7. 



298 ROMAN ANTIQUITIES. 

half of an anipbitlieatre^ The benches or seats ~ rose above 
one another, and were distributed to the different orders in the 
same manner as in the amphitheatre. The foremost rows next 
the stage, called orchestra, were assigned to the senators and 
ambassadors of foreigii states ; fourteen rows behind them to 
the equites, and the rest to the people. The whole was called 
CAVEA. The foremost rows were called cavea prima, or ima ; 
the last, cavea ultima or summa ; the middle, cavea media. ^ 

The parts of the theati-e allotted to the performers were 
called scena, postscenmm, proscenium, pulpitum, and orchestra. 

1. ScENA, the scene, was adorned with columns, statues, and 
pictures of various kinds, according^ to the nature of the plays 
exhibited, to which Virgil alludes, ^'En. i. 1(56, 432. The orna- 
ments sometimes were inconceivably magnificent.'* 

When the scene was suddenly changed by certain machines, 
it was called scena versatilis ; when it was drawn aside, scena 

DUCTILIS.^ 

The scenery was concealed by a curtain,^ which, contrary to 
the modern custom, was dropt "' or drawn down, as among' us 
the blinds of a cai-riage, when the play began, and raised^ or 
drawn up when the play was over; sometimes also between the 
acts. 'Ihe machine by which this was done was called exostra. 
Curtains and hangings of tapestry wei"e also used in private 



THEATRK. gieator number of (leisnns as- praacinctio, usually consisting of 
senibled on it; Die chorus and fourteen seats, was reserved for 
In the Roman theatre, the con- musicians being jilacpd liere by the equestrian order, tribunes, 
structiun of the orchestra and t!ie Konians. A further cnnse- &c. : all above these were the 
stage was as follows. — The for- queuce of thc> cunstruclion is, seats of the plebeians. Women 
mer was bounded towards the that the circumference of the ca- were appointed by Augustus to 
cavea by a semicircle. Com- vea could not excsed one hun- sit in the portico, which cnconi- 
plete the circle, draw the dianie- dred and eighty degrees. Some- passed the whole. The lowest 
ters BB, HH, perpendicular to times, however, the capacity of range of seats was raised above 
each other, and inscribe four the theatre wrs increased by the area of the orchestra one- 
equilateral triangles, whose ver- throwing the stage further back, sixth of its diameter; the height 
lices shall fall severally upon and continuing the seats in right of each seat is directed not to ex- 
the ends of the diameters ; the lines perpendicular to the dia- ceed one foot four inches, nor to 
twelve angles of the triangles meter of the orchestra. This is be less than one foot three. The 
will divide the circumference in- the case in the great theatre at breadth is not to exceed two feet 
to twelve equal portions. The Pompeii. Within the orchestra four inches, nor to be less than 
side of the triangle opposite to were circular ranges of seals for one foot ten. The stage, to con- 
the angle at B will be parallel the senate and other distinguish- suit the convenience of those 
to the diameter HH, and deter- ed persons, leaving a level plat- who sit in the orchestra, is only 
mines the place of the scene, as form in the centre. The seven elevated live feet, less than half 
HH determines the front of the angles which fail within the cir- the height given to the Grecian 
stage, or pulpitum. By this cumterence of the orchestra mark stage. The five angles of the 
construction the stage is brought the places at which staircase's triangles not yet disposed of do- 
nearer to the audience, and made up to the first praecinctio, or terniine the disposition of the 
considerably deeper than in the landing, were to be placed; scene. Opposite the centre one 
Greek theatre, its depth being those leading frnm thence to the are the regal doors ; on each 
determined at a quarter of the second, if there were more than side are those by which Ihe se- 
diameter of the orchestra, which one, were placed intermediately condary characters entered. Be- 
itself was usually a third, or opposite to the centre of each hind the scene, as in the Greek 
Boniewhat more, ef tlie diameter cuneus. The number of stair- theatre, tliere were apartments 
of the whole building. The cases, whether seven, five, or for the actors to retire into, and 
length of the stage was twice three, of course depended on the the whole was usually surround- 
the diameter of the orchestra, size of the theatre. In the great ed with porticoes and gardens. 
The increased depth of the stage theatres of Rome, the space be- These porticoes were generally 
was rendered necessary by the tween the orchestra and fiist used for rehearsal. 

s. 21. oftener plural -a. 

5 Serv. Virg. G. lii. 21. 7 premebatur. 

6 uukeum vol sipariuiu, 8 toUebatur. 



1 Plin. xxxvi. 16. 


Sen. 14. 


2 grddus vel cunei. 


4 Vitr.v. S. Val. Max. 


3 Suet. Aug. 44. Cic. 


ii.4.(3.I'Un.xxxvi.l5. 



LEVYING OF SOLDIERS. 299 

Iiouses, called aulcBa Attalica, because said to have been first 
invented at the court of Attalus, king of Pergaiiius, in Asia 
Mi nor. 1 

2. PosTsCENiuM, the place behind the scene, ^vhere the actors 
dressed and undressed ; and where those things Avere supposed 
to be done wliich could not %vith propriety be exhibited on the 
stage." 

3. Proscenium, the place before the scene, where the actors 
appeared. 

The place where the actors recited their parts was called 
puLPiTUM ; and the place where they danced orchestra, which 
was about five feet lower than the pulpitum. Hence ludihria 
scena et pulpito digna^ buffooneries fit only for the stage.^ 

MILITARY AFFAIRS OF THE ROMANS. 
I. LEVYING OP SOLDIERS. 

The Romans Avere a nation of warriors. Every citizen Avas 
obliged to enlist as a soldier Avhen the public service required, 
from the age of seventeen to forty-six ; nor at first could any 
one enjoy an office in the city Avho had not served ten campaigns. 
Every foot soldier Avas obliged to serve twenty campaigns, and 
every horseman ten. At first none of the lowest class Avere en- 
listed as soldiers, nor freedmen, unless in dangerous junctures. 
But this Avas afterwards altered by Marius.* 

The Romans, during the existence of their republic, Avere 
almost always engaged in Avars ; first Avith the different states 
of Italy for near 500 years, and then for about 200 years 
more in subduing the various countries Avhich composed that 
immense empire. 

The Romans never carried on any Avar Avithout solemnly 
proclaiming it. This Avas done by a set of priests called feciales. 

When the Romans thought themseives injured by any nation, 
they sent one or more of these feciales to demand redress ; '' 
and if it Avas not immediately given, thirty-three days Avei-e 
granted to consider the matter, after Avhich, Avar might be justly 
declared. Then the feciales again went to their confines, and 
having throAvn a bloody spear into them, formally declared war 
against that nation.'' The form of words Avhich he pronounced 
before he threw the spear Avas called clarigatio." Afterwards, 
Avhen the empire Avas enlarged, and wars carried on Avith distant 
nations, this ceremony Avas performed in a certain field near 

X Hor. Ep. ii. IS'J. Art. Wts. IBu. i. 701. 21. xxii. 11. 57. 5^.11. 6 Liv. i. 32. 

Poet 164. Od. iii. 29. 2 Hor. Art. Poet. 182. Jug. 86. Gell. xvi. 1(1. 7 a clara voce? qua ute. 

)5. Sat. ii, 8. 01. Ov. Lucret. iv. 1178. 5 adres repe'endas, l.iv. batur. Serv. A'irg. jEn. 

IMpt. iii. 111. Juv. vi. 3 Vitruv. V. 6. Plin. iv. Sfl.xxxviii. -15 Var. ix. 53. x. 14. Plin. xxii. 

It6. Gic. prov. cons. Kp. iv. 25. L. L. iv. 15. Dionv. ii. 2. 

6. l'.o;i.ii.23,4li. Serv. 4 I'olyh. vi 17. Liv. x. 7-'. 



300 



ROMAN ANTIQUITIES. 



the city, uhich was called ager hostilis. Thus Augustus de- 
clared war professedly against Cleopatra, but in reality against 
Antony. So Marcus Antoninus, before he set out to the war 
against the Scythians, shot a bloody spear from the temple of 
Bellona into the ager hostilis} 

In the first ages of the republic, four legions for the most 
part were annually raised, two to each consul ; for two legions 
composed a consular army. But oftener a greater number 
was raised, ten, eighteen, twenty, twenty-one, twenty-three.^ 
Under Tiberius twenty-five, even in time of peace, besides the 
troops in Italy, and the forces of the allies : under Adrian 
thirty. In the 529th year of the city, upon a report of a 
Gallic tumult, Italy alone is said to have armed 80,000 cavalry, 
and 700,000 foot."^ But in after-times, when the lands were 
cultivated chiefly by slaves,* it was not so easy to procure 
soldiers. Hence, after the destruction of Quintilius Varus and 
his army in Germany, A. U. 763, Augustus could not raise 
forces even to defend Italy and Rome, which he was afraid the 
Germans and Gauls would attack, without using the greatest 
rigour.^ 

The consuls, after they entered on their office, appointed a 
day,'' on which all those who were of the military age should be 
present in the capitol.^ 

On the day appointed, the consuls, seated in their curule 
chairs,*^ held a levy,^ by the assistance of the military or legionary 
tribunes, unless hindered by the tribunes of the commons.^" It 




1 Ov. K. v\. 205. Dio. 
Uxi. 5y. 1.4._ 

2 Liv. ii. 30. vi. 12. vii. 
35. XX. 1. xxiv. 11. 
xxvi. 2S. xxvii. 21. 
xxviu. 3fi. XXX. 2. 



3 Tac.An.Spartian,15. 
Plin. iii. 20. s. 21. 

4 Liv. vi. 12. 

5 Din. 1x1.23. 

6 diem edicebant, vef 
indici'bant. 



7 Liv. xxvi. 31. Polyb. drawing found in Run 
vi. 17. peii. 

8 The first of the above 9 delectum habebant, 
curiilechairs was found 10 liiv. iii. 51. iv. 1. 
in Hprculaneuni, the 

second is taken from a 



LEVYING OF SOLDIERS. 301 

was determined by lot in what manner the tribes should be 
called. 

The consuls ordered such as they pleased to be cited out of 
each tribe, and every one was oblig-ed to answer to his name 
under a severe penalty.^ They were careful to choose ^ those 
first, Avho had what Avere thought lucky names,^ as, Valerius, 
Salvius, Statorius, &:c.* Their names were written down on 
tables ; hence scribere, to enlist, to levy or raise. 

In certain wars, and under certain commanders, there was 
the greatest alacrity to enlist,^ but this was not always the case. 
Sometimes compulsion^ was requisite; and those who refused'^ 
were forced to enlist ^ by fines and corporal punishment.^ 
Sometimes they were thrown into prison, or sold as slaves. 
Some cut off their thumbs or fingers to render themselves unfit 
for service : hence pollice trunci, poltroons. But this did not 
screen them from punishment. On one occasion, Augustus put 
some of the most refractory to death.^" 

There were, however, several just causes of exemption from 
military service,^^ of which the chief were, age,^- if above fifty ; 
disease or infirmity ; ^^ ofiice,^^ being a magistrate or priest ; 
favour or indulgence ^^ granted by the senate or people. ^^ 

Those also were excused who had served out their time.^^ 
Such as claimed this exemption, applied to the tribunes of the 
commons,^^ who judged of the justice of their claims,^^ and in- 
terposed in their behalf or not, as they judged proper. But this 
was sometimes forbidden by a decree of the senate. And the 
tribunes themselves sometimes referred the matter to the 
consuls.^" 

In sudden emergencies, or in dangerous wars, as a war in 
Italy, or against the Gauls, which was called tumultus,-^ no re- 
gard was had to these excuses.-^ Two flags were displayed ^"' 
from the capitol, the one red,^* to summon the infantry ,^^ and the 
other green,^^ to summon the cavalry .^^ 

On such occasions, as there Avas not time to go through the 
usual forms, the consul said, qui rempubligam salvam esse vult 
ME sequatur. This was called conjuratio, or evocatio, and men 
thus raised, conjurati, who were not considered as regular 
soldiers.-^ 



1 Liv. iii, 11.41.GeIl. 


iv. 53. vii.4. 


IG Cic. Phil. v.19. Nat. 


22 delectus sme vaca- 


xi. 5.Val.lMax.vi.3,4. 


10 l)io. Ivi. 23. Diony. 


D. ii.^. Liv.xxxix. 19. 


tionibus habitus est. 


2 lege re. 


vii. Cic. (.'^0.3+. Suet. 


17 pmeriti, qui slipen- 


Liv. vii. 11. 28. viii. 


3 bona nomina. 


Aug. 24. Val. Max. vi. 


dia explevissent, vel 
d(functi,C;v. Am. ii.9. 


20. X. 21. 


4 Cic. Div. i. 45. Fest. 


3. 3. 


23 vexilla sublata vel 


in voce Lacus Li cn- 


11 vacationis militiae 


24. 


prolata sunt. 


TIUS. 


vel a militia. 


18 Liv. ii. 55. 


24 roseum. 


S nomina dare, Liv. x. 


12 Ktas, Liv, xlii. 33, 


19 causas cognosce- 


25 ad pedites evocan- 


25. xlii.32. 


34. 


bant 


dos. 


6 coercilio. 


13 morbus vel vitium. 


20 Liv. xxxiv. 56. xlii. 


26 CiEruleum. 


7 refractarii, qni mili- 


Suet. Aug. 24. 


o2, 33. 


27 Serv. Virg. JEn. 


tiam detrectabant. 


14 honor, Plut. Camil. 


21 quasi timer multus. 


viii. 4. 


8 Sacramento adacti. 


v,>rs. fin. 


velat.imeo, Cic. Pliil. 


28 Liv. xxii. 38. xlv. 2, 


9 damno et viigis, Liv. 


15 beuelicium. 


V. Sl.viii. l.Quiji.vii.3. 


Cies, Bell. G. vii. 1. 




2 


C 





302 ROMAN ANTIQUITIES. 

Soldiers raised upon a sudden alarm ^ were called subitarii,^ 
or TUMULTUARii, not only at Rome, but also in the provinces, 
when the sickly or infirm were forced to enlist, Avho Avere called 
CAusARii.^ If slaves were found to have obtruded themselves 
into the service,* they were sometimes punished capitally.^ 

The cavalry were chosen from the body of the equites, and 
each had a horse and money to support him, given them by 
the public.^ 

On extraordinary occasions, some equites served on their 
own horses.^ But that was not usually done ; nor were there, 
as some have thought, any horse in the Roman army, but from 
the equites, till the time of Marius, who made a great alteration 
in the military system of the Romans in this, as well as in other 
respects. 

After that period, the cavalry Avas composed not merely of 
Roman equites, as formerly, but of horsemen raised from Italy, 
and the other provinces ; and the infantry consisted chiefly of 
the poorer citizens, or of mercenary soldiers, which is justly 
reckoned one of the chief causes of the ruin of the republic. 

After the levy was completed, one soldier Avas chosen to 
repeat over the words of the military oath,^ and the rest swore 
after him.^ Every one as he passed along said, idem in me.^'^ 

The form of the oath does not seem to have been always the 
same. The substance of it Avas, that they Avould obey their 
commander, and not desert their standards, &c. Sometimes 
those below seA^enteen Avere obliged to take the military oath.^^ 

Without this oath no one could justly fight Avith the enemy. 
Hence sacramenta is put for a military life. Livy says, that it 
was first legally exacted in the second Punic Avar,^^ Avhere he 
seems to make a distinction between the oath (sacramentum) 
Avhich formerly Avas taken voluntarily, Avhen the troops Avere 
embodied, and each decuria of cavalry, and centui-y of foot, 
swore among themselves {inter se equites decuriati, pedites cen- 
turiati conjurabant^) to act like good soldiers, {sese fugds ac 
formidinis ergo non abituros, neque ex ordine recessuros,) and the 
oath (jusjurandum) Avhich Avas exacted by the military tribunes, 
after the levy, (ex voluntario inter ipsos fozdere a tribunis ad 
legitimam jurisjurandi actionem translatum.) On occasion of a 
mutiny, the military oath Avas taken anew.^'^ 

Under the emperors, the name of the prince was inserted in 
the military oath, and this oath used to be rencAved every year 
on their birth-day, by the soldiers and the people in the pro- 

1 iotumultu: nam, tu- 3 Liv. i. 37. vi.6. xxxv. 8 qui reliquis verba sa- 11 Sacramento vel -um 
multus nonnunquam 2. xi. 2o. cramenti pTxiret. dicere, Liv. iiL 2n.xxi. 
levior quam bulluin, 4 inter lirones, 9 in verba ejus jura- 38. xxii. 57. xxv. 5 
Liv. ii. 26. 5 in eos aniinadversum bant. Gell. xvi- 4. 

2 ita repentina auxilia est, Plin. Ep. x.33.,39. 10 Feslus in praejura- 12 xxii. 38. Cic. Ofi". u 
appellabant, Liv. iii.4. 6 Liv. i. 43. tiones, Liv. ii, 45, 11. Juv. xvi. 35. 

30. 7 Liv. 7. Polyb. vi. V). 13 Liv xxviii. Z'd. 



DISCIPLINE OF THE ROMANS. 



Ill 



supposed to have had their origin; in England particularly, 
those whose names end in cester or Chester. 

The form of the Roman camp was a square/ and always of 
the same figure. In later ages, in imitation of the Greeks, they 
sometimes made it circular, or adapted it to the nature of the 
ground.- It was surrounded with a ditch,^ usually nine feet 



PLAN OF A POLYBIAN OR CONSULAR CAMP. 




i!;, . -iii^iii;!i'iiijlJi''':'iiiJi;j^llliiUlL 



Fn^T 



^^ „,-,,/,,-o nistra. Jlf Cavalry of allies. 

KEFEBENCES, i) Porta principalis dex. iV Infantry of allies. 

The dotted lines across tra. CoRsurs and Una; 

the cavalry, &c. de- E PrBetoiuin. Jor's hnrse gu,irus. 

note the divisions of // Roman cavalry. 

troops or maniples. / Triarii. 

A Praetorian gat.'. A" Princiiies and Ve- rv o 

li Decuman g-te. _ lll?s. _ K Do 

C Porta principalis si- L Hastafi and Vel'tes. A' St! 



caval- 

?.IHfs. 



sional allies. 
12345 6 789 1011 12 

The twelve tribunes, 
a b c d f I q k i ^ k I, 

The preffct's of allies. 
^l*^; The figures on tlie 

right, and bottom, are 

the measures of length 

in feet. 



C Vcg. i. 2J. Polj-b. vi. 23. 



312 ROMAN ANTIQUITIES. 

deep and twelve feet broad, and a rampart,^ composed of tlio \ 
earth dug- from the ditch,^ and sharp stakes "^ stuck into it.^ 1 

The camp had four gates, one on each side, called porta | 
PR.ETORIA, vel extraordinaria, next the enemy; decumana, op- ! 
posite to the former/ porta principalis dextra and principalis ; 
sinistra.^ I 

The camp was divided into two parts, called the upper and ! 
lower. ; 

The upper part ' was that next the porta pr(Btoria, in whicli ' 
was the g^eneral's tent,^ called PR-iiTORiuM, also augurale,^ from 
that part of it where he took the auspices,^" or augustale, with a 
sufficient space around for his retinue, the praetorian cohort, &c. ; 
On one side of the prcBtorium were the tents of lieutenant- 
generals, and on the other that of the qua3stor, qu^iistoriuim, , 
which seems anciently to have been near the porta decumana^ \ 
hence called qu(Sstoria. Hard by the quaestor's tent was the , 
FORUM, called also quintana, Avhere things were sold and meet- : 
ings held.^^ In this part of the camp were also the tents of the 
tribunes, prefects of the allies, the evocati, ablecfi, and extraordi- 
narii, both horse and foot. But in what order they were 
placed does not appear from the classics. We only know that \ 
a particular place was assigned both to officers and men, with i 
which they were all perfectly acquainted. j 

The loAver part of the camp was separated from the upper j 
by a broad open space, which extended the whole breadth of i 
the camp, called principia, where the tribunal of the general 
was erected, Avhen he either administered justice, or harangued ! 
the army,^- where the tribunes held their courts,^"^ and punisli- | 
ments were inllicted, the principal standards of the army, and i 
the altars of the gods stood ; also the images of the emperors, 
by which the soldiers swore,^* and deposited their money at the j 
standards,^^ as in a sacred place, each a certain part of his pay, j 
and the half of a donative, which was not restored till the end * 
of the war.^'' ^ 

In the lower part of the camp the troops were disposed in 
this manner ; the cavalry in the middle ; on both sides of them 
the triarii, principes, and hastati ; next to them on both sides 
were the cavalry and foot of the allies, who, it is observable, 
were always posted in separate places, lest they should form any 
plots ^^ by being united. It is not agreed what was the place of 

1 vallum. iii. 79. 11 Quin. viii. 2. 8. Liv. xxvi. 48. Tac. Ann. i. 

2 agger. 6 Llv. xl. 27. x. ii. xxxiv. 47. xli. 2. 39. iv. 2. xv. 29. Hor. 

3 sudes, valli vel pali. 7 pars castrorum supe- Suet. JNer. 2t>. Polyb. Od. iv. 0. J'^p. ii. 1. 16. 

4 Virg, G. ii. 25. Caes. nor. vi. 38. 15 ad vel apud signa. 
B. C. ii. 1. 15. Polyb. 8 ducis tabernaculum. 12 Liv. vii. 12 Tac. An. 16 Veg. ii. 20. Suet, 
xvii. 14, 15. 9 Tac. Ann. ii. 13. xv. i. 67. Hisr. iii. 13. Doni. 7. 

5 ab tergo castrorum et 30. 13 jura reddebant, Liv. 17 nequid novae rei mo- 
hosti aversa, vel ab 10 augnraculum, Fest. xxviii. 24. lireiitur, 

hoste, Liv. iii.'5. X.32. vel auguratorium, Hyg. 14 Suet. 0th. 1. Aug-. 
Ca;« B. G. ii, 24. Civ. de Castrauiet. 24. Liv. viii. 32, ix. 16. , 



A TRIUMPH. 3?5 

Sometimes soldiers, on account of their bravery, received a 
double share of corn,^ which tliey might give away to Avhom 
they pleased ; hence called duplicarii, also double pay/ clothes, 
&c., called by Cicei'o diaria."^ 

VI. A TRIUMPH. 

The highest military honour which could be obtained in the 
Roman state was a triumph, or solemn procession, with which a 
victorious general and his army advanced through the city to 
the Capitol ; so called from (dQ^ia,^^(>q, the Greek name of 
Bacchus, who is said to have been the inventor of such proces- 
sions. It had its origin at Rome, from Romulus carrying the 
spolia opiraa in procession to the capitol;* and the first who 
entered the city in the form of a regular triumph was Tarquinius 
Priscus, the next P. Valerius ; and the first who triumphed 
after the expiration of his magistracy,^ Avas Q. Publilius Philo.'' 

A triumph was decreed by the senate,^ and sometimes by the 
people against the will of the senate, to the general who, in a 
just war with foreigners,^ and in one battle, had slain above 
5000 enemies of the republic, and by that victory had enlarged 
the limits of the empire. Whence a triumph was called Justus, 
which was fairly won. And a general was said iriumphare, et 
agere vel deportare triumphum de vel ex aliquo ; triumphare 
aliquem vel aliquid^ ducere, portare vel agere eum in triumpho. 

There was no just triumph for a victory in a civil war; hence, 
Bella geri placuit nuUos habitura triumphos ? Luc. i. 12. 

Could \ou in wars like these provoke jour fate ? 
Wars where no triumphs on the victor wait ! Rowe. 

although this was not always observed, nor when one had been 
first defeated, and aftenvards only recovered what was lost, nor 
anciently could one enjoy that honour, who was invested Avith 
an extraordinary command, as Scipio in Spain, ^" nor unless he 
left his province in a state of peace, and brought from thence 
his army to Rome along- with him, to be present at the tiiumph. 
But these rules were sometimes violated, particularly in the 
case of Pompey.^^ 

There are instances of a triumph being- celebrated without 
either the authority of the senate, or the order of the people, 
and also Avhen no Avar Avas carried on.^- 

Those Avho were refused a triumph at Rome by public authority, 

1 duplex frumentum. 

2 duplex stipendium, 
Liv. ii. 59. vh 37. 

3 Att. viii. U. Cffii. B. 
C iii. 53. 

4 Var. L. L. v. 7. Plin. 
vii. 56. s. 57. Diony. ii. 
3i. 



5 arto honore. 




ii. 8. Cic. Pi 


s. 19.Hor. 


11 Liv. xxvi. 21. xxxi. 


6 Liv. i. 38. ii. 


7. viii. 


Od. i. 12. 5i 




49. XXXIX. 29. xlv. ofl. 


26. 




lOLiv.xxviii 


38. xxxvi. 


Val. .Max. viii. 15. b. 


7 Li\'.iii.63. vii. 


17. 


20. Ep. 115, 


lib. 133. 


Dio. xxxvii.25. 


8 justo et hoslili 


bello, 


A''al. i\lax. ii 


8. 7.Dio. 


12 Liv. x. 37. xl. 38. 


Cic. Dej.5. 




xlii, IS.xliii 


19. Fl.ir. 


Oros. v. 4. Cic. Ccel. 


9 Virg. ^n, vi 


836. 


iv. 2, Piin 


Pan. 2. 


U. Suet. Tib. 2. A^al. 


ran, V. 5. Val 


Mas. 
9 


Oros. iv. 
E 




niax. V. 4. 6. 



3-26 



ROMAN ANTIQUITIES. 



sometimes celebrated iton the Albaii mountain. Tliis was lirstdone 
byPapirius Naso, A.U. 522, whom several afterwards imitated.^ 

As no person could enter the city while invested with military 
command, generals, on the day of their triumph, were, by a 
particular order of the people, freed from that restriction. ' 

The triumphal procession began from the Campus Martius, 
and went from thence along the Via Triumphalis, through the 
Campus and Circus Flaminius to the Porta I'riumphalis, and 
thence through the most public places of the city to the capitol. 

The streets were strewed with flowers, and the altars smoked 
with incense.^ 

First went musicians of various kinds, singing and playing- 
triumphal songs ; next were led the oxen to be sacrificed, having- 
their horns gilt, and their heads adorned with fillets and gai- 
lands ; then in carriages were brought the spoils taken from the 
enemy, statues, pictures, plate, armour, gold and silver, and 
brass ; also golden crowns, and other gifts sent by the allied 
and tributary states.^ The titles of the vanquished nations were 
inscribed on wooden frames,^ and the images or representations 
of the conquered countries, cities, &C.'' The captive leaders 
followed in chains, with their children and attendants ; 
after the captives came the lictors, having their fasces '^ 
wreathed with laurel, followed by a great company of 
musicians and dancers, dressed like satyrs, and wear- 
ing- crowns of gold : in the midst of whom was a pan- 
tomime, clothed in a female garb, whose business it 
^vas, Avith his looks and gestures, to insult the van- 
quished. Next followed a long train of persons carry- 
ing perfumes.*^ Then came the general (dux) dressed 
in purple embroidered with gold,^ with a crown of 
laurel on his head, a branch of laurel in his right 
hand, and in his left an ivory sceptre, with an eagle on 
the top, having his face painted with vermilion, in like 
manner as the statue of Jupiter on festival days,^" and a 
golden ball ^^ hanging from his neck on his breast, with 
some amulet in it, or magical preservative against 
envy,^^ standing in a gilded chariot ^^ adorned Avith 
vory,^^ and drawn by four white horses, at least after 
tlie time of Camillus, sometimes by elephants, attended 
by his relations,^^ and a great crowd of citizens all in 




1 Val. Max. iii. 6. 5, the city in triumph, 
i/iv. xxvi. 21. xxxiii. Liv, xlv. 35. 

21. xlii. 21. xlv. S8. 3 Ov. Trist. iv, 2. 4. 

2 ut iis, quo die urbem 4 Vii;;. -Km. viii. 720. 
triumphaiites invehe- Liv. xxxiii. 21. xxxvii. 



reiitur, iinpenum esset, 
— tliat Ihey iiiijit be 
iiivestpil with [i]eii:iry 



1(1 r'.de tluoueh 



58. 



C.5. 7. 



43. 



40. 



ciilis, Suet .Tul. 
c. Off. i.36. 
xxvi. 21. Quin. 
Pliii, V. 0. Ov. 



Pont. Ji. 1. 37. iii. 4. 
25. Art. Am. i. 220. 
Flor. iv. 2. 

7 the above cut repre- 
sents the loriii of (he 
fasces without laurel. 

8 suffiuient;i. 

9 togii pi eta et tunica 
pahnata. 

10 Liv. ii.47.x.8. Plin. 
V. 39. XV. 30. xxxiii. 7. 



s. 36. Diony. v. 47. 
Plut. iEm.Juv. X. 43. 

11 aurea bulla. 

12 iMacrob. Sat. i. 6. 

13 stans in curruaurato 

14 Ov. Pont. iii. 4. 35, 
Juv. V. 23. viii. 3. 

15 Ov. Art. i.214. Liv. 
v. 23. Plin. viii. 2. 
Suet. 'lib. -2. Dora, "i 
Cic. Mur. 5. 



A TRIUMPH. 327 

white. His children used to ride in the chariot along- with 
him,^ and, that he might not be too much elated,- a slave, 
carrying a golden crown, sparkling with gems, stood behind 
him, who frequently whispered in his ear, remember that thou 
ART A MAN ! ^ After the general, followed the consuls and sena- 
tors on foot, at least according to the appointment of Augustus ; 
for formerly they used to go before him. His legati and mili- 
tary tribunes commonly rode by his side.'^ 

The victorious army, horse and foot, came last, all in their 
order, crowned with laurel, and decorated with the gifts which 
they had received for their valour, singing their own and their 
general's praises ; but sometimes throwing out railleries against 
him, often exclaiming, lo triumphe, in which all the citizens, as 
they passed along, joined.^ 

The general, when he began to turn his chariot from the 
forum to the capitol, ordered the captive kings and leaders of 
the enemy to be led to prison, and there to be slain, but not 
always ; and when he reached the capitol, he used to wait till 
he heard that these savage orders were executed.'' 

Then, after having offered up a prayer of thanksgiving to 
Jupiter and the other gods for his success, lie commanded the 
victims to be sacrificed, which were always white, fron* the 
river Clitumnus,''' and deposited his golden crown in the l.ip of 
Jupiter,^ to whom he dedicated part of the spoils.^ After whicli 
he gave a magnificent entertainment in the capitol to his friends 
and the chief men of the city. The consuls were invited, but 
Avere afterwards desired not to come,^" that there might ba no 
one at the feast superior to the triumphant general. After 
supper he was conducted home by the people with music and a 
great number of lamps and torches, which sometimes also were 
used in the triumphal procession. ^^ 

The gold and silver were deposited in the treasury ,^^ and a 
certain sum was usually given as a donative to the officers and 
soldiers, who then were disbanded.^'^ The triumphal procession 
sometimes took up more than one day ; that of Paul us iF.milius 
three.^* When the victory Avas gained by sea, it was called a 
NAVAL triumph ; which honour Avas first granted to Duilius, v lio 
defeated the Carthaginian fleet near Liparai in the first Ptnic 
war, A. U. 493, and a pillar erected to him in the forum, called 
COLUMNA ROSTRATA,^'' wltli an inscription, part of which still 
remains. 

1 Juv. X. 45. Liv. xlv. 2. 34. Liv. v. 49. xlv. vii. 24. 2. Cic. Sen. 13. SiieU 
40. App.de Punic. 38. Suet Jul. 49. 51- 7 Ov.ib.Vi'-g. G.ii.l46. Jul. 37. 

2 ne sibi placeret. Diony. vii. 72. INIart. i, 8 in greiuio Jovis, Sen. 12 Liv. x. 46. 

3 Pi in. xxxiii. 1. s. 4. 5.3. Helv. 10. ISexauctorati etdiniissi, 
Juv. X. 41. Zmiar. ii. 6 Cic. Ver. v. 30. Liv. 9 Plin. xv. 30. xxxv.40. Liv. xxviii. 9. xxx. 45. 
Tertul. Apolog. 33. xxvi, 13. xlv. 41, 42. 10 ut venire supersjde- xxxvi. 40. 

4 Dio.li.21.Cic. Pis.25. Hw. xl. 41. xllii. 19. rent. H Plut. 

5 Hor.Od. iv.'2.49. Ov. App, Bell. Mithrid. 1 1 Val. Max. ii. 8. 6. 15 Liv. Ep. 17. Qnin. i. 
Tiist. iv. 2. 51. Am. i. 253. Joseplu Bell. Jud. Die. xliii. 2i. Flor. ii. 7. Sil. vi. tito. 

2e2 



328 ROMAN ANTIOUITJKS, j 

When a victory had been gained without difficulty, or the i 
like, an inferior kind of triumph was granted, called ovatio, in 
Avhich the general entered the city on foot or on horseback, i 
crowned with myrtle, not with laurel,^ and instead of bullocks, \ 
sacrificed a sheep,^ whence its name.^ I 

After Augustus, the honour of a triumph was in a manner I 
confined to the emperors themselves, and the generals who acted 
with delegated authority under their auspices only received 
triumphal ornaments, a kind of honour devised by Augustus.* 
Hence L. Vitellius, having taken Terracina by storm, sent a ; 
laurel branch in token of it ^ to his brother. As the emperors i 
were so great, that they might despise triumphs, so that honours 
Avas thought above the lot of a private person; such therefore! 
usually declined it, although offered to them; as Vinicius, 
Agrippa, and Plautius.'^ We read, however, of a triumph being- 1 
gi-anted to Belisarius, the g'eneral of Justinian, for his victories; 
in Africa, which he celebrated at Constantinople, and is the i 
last instance of a triumph recorded in history. The last I 
triumph celebrated at Rome Avas by Diocletian and Maximian, I 
20th Nov. A. D. 303, just before they resigned the empire.^ 

VII. MILITARY PUNISHMENTS. I 

I 

These were of various kinds, either lighter or more severe. i 

The lighter punishments, or such as were attended with., 
inconvenience, loss, or disgrace, were chiefly these, 1. Depriva- 
tion of pay, either in Avhole or in part,*^ the punishment of those j 
Avho Avere often absent from their standards.^ A soldier pun- 
ished in this manner was called zere dirutus. Whence Cicero \ 
facetiously applies this name to a person deprived of his fortune 
at play, or a bankrupt by any other means. — 2. Forfeiture of j 
their spears, censio hastaria.^" — 3. Removal from their tents,^^ \ 
sometimes to remain Avithout the camp and Avithout tents, or at 
a distance from the Avinter-quarters.^- — 4. Not to recline or J 
sit at meals with the rest.^-^ — 5. To stand before the prreto- 
rium in a loose jacket,^^ and the centurions Avithout their 
girdle, ^^ or to dig- in that dress.^'' — 6. To get an allowance of 
barley instead of Avheat.^'^ — 7. Degradation of i-ank;^^ an ex- i 
change into an inferior corps or less honourable service.^^ — 8. To 
be removed from the camp,^" and employed in various Avorks,^^ 

1 Gell. V. 6. Dio. liv. 8. gestae rei. 10 Fest. Cic. Ver. v. 13. 15 discincti, Liv. xxvii, 
Plin. XV. 29. s. 38. 6 Tac. Hist. iii. 77. Phil. xiii.l3. 13. 

2 ovem. Flor. iv. VZ. 53. Dio. 11 locum in quo tende- IG Plut. Luc. * 

3 Plut. Marc. Diony. v. liii. 26. liv, 11. 24. Ix. rent mutare, i.iv. xxv. 17 hordeo pasci, Lii^. ib. i 
47. Tiii. 9. Liv, iii, 10. 30. 6. Suet. Aug. 24. I 
xxvi. 21. xxxi. 20. 7 Kutrop. is. 27, 28. 13 Liv. x. 4. xxvi. 1, IS gradus dejectio. i 
xxxiii. 28. xli. 38- Procop. Val. Max. ii. 7. 15. I'J militi* mutatio, Vai. J 

4 Suet. Aug. 38. Tib. 9. 8 stipeudioprivari, Liv. Ij cibumstantes capere, Max. ib. , 
Dio. liv. 24. 31. Ixii. xl. 41. Liv. xxiv. lb. 20 a castris segregari. i 
li). 23. 9 infrequentes, Plaut. 14 Suet. Aug. 3-1. Val. 21 Veg. iii. 4. 

5 lauream prospere True. ii. 1. 19. Max. ii. 7. 9. 



MILITARY PAi. 329 

an imposition of labour/ or dismission with disgrace,^ or 
EXAuCTORATio. A. Gcllius mentions a singular punishment, 
namely, of letting blood.^ Sometimes a whole legion was de- 
prived of its name, as that called augusta.* 

The more severe punishments were, 1. To be beaten with 
rods," or with a vine sapling.'' — 2. To be scourged and sold as a 
slave — 3. To be beaten to death with sticks, called fustuarium, 
the bastinado,^ which was the usual punishment of theft, deser- 
tion, perjury, &c. When a soldier was to suffer this punish- 
ment, the tribune first struck him gently with a staff, on which 
si,'>na], all the soldiers of the legion fell upon him with sticks 
and stones, and generally killed him on the spot. If he made 
his escape, for he might fly, he could not however return to his 
native country ; because no one, not even his relations, durst 
admit him into their houses.^ — 4. To be overwhelmed with 
stones ^ and hurdles.^" — 5. To be beheaded," sometimes crucified, 
and to be left unburied. — 6. To be stabbed by the swords of the 
soldiers,^- and, under the emperors, to be exposed to wild blasts, 
or to be burned alive, &c. 

Punishments were inflicted by the legionary tribunes and 
prefects of the allies, with their council; or by the general, 
from whom there was no appeal.^^ 

When a number had been guilty of the same crime, as in the 
case of a mutiny, every tenth man was chosen by lot for punish- 
ment, which was called decimatio, or the most culpable ^^eve 
selected. Sometimes only the twentieth man was punished, 
viCEsiMATio ; or the 100th, centesimatio.^^ 

VIII. MILITARY PAY AND DISCHARGE. 

The Roman soldiers at first received no pay ^^ from the public. 
Every one served at his own charges. Pay was first granted U.* 
the foot, A. U. 34-7, and three years after, during the siege ot 
Veji, to the horse.^'' V 

It was in the time of the republic very inconsiderable, two 
obcr-^' or three asses (about 2d English) a day to a foot-soldier, 
the double to a centurion, and the triple to an eques, Julius 
Csesar doubled it. Under Augustus it was ten asses (7fd.), and 
Domitian increased it still more, by adding three gold pieces 
annually.^^ What was the pay of the tribunes is uncertain ; but 

1 manerum ndictio. 7 Liv. v. 6. Ep. 55. Cic. 12 Tac. Ann. i. 44. Lir. xlix. 27. 38. 

2 ignoiriiiiiose initti, Phil. iii. 6. Polyb. vi. xxx. 43. Val. Max, ii. 15 stinendium. 
Hift. Bell. Afr. 54. 35. 7.15. 16 Liv. iv. 59. v. 7. 

^IMn. Ep. vi. 31. 8 Polyb. ib. 13 Polyb. vi. 35. 17 Suet. Doui. 7 Jul. 

3 sani^uinem iiiilte.ndi, 9 lapiilibus cooperiri. 14 Gapitolin. Macrin. 26 Aug. 46. Tac Ann. 
X. 6. 10 subcraieiiecari, lilv. 12. Liv. ii. 59. xxviii. i. 17. Pulvb. vi. 3r» 

4 Dio. liv. 11. i. 51. iv. 50. 29. Cic. Clu. 46. Suet. Piaut. Most. ii. 1. 11J» 

5 virgis Cffidi. 11 securi percuti, Liv. Aug. 24. Galb. 12. Tac. Liv. v. 12. 

6 vite, Val. Max. ii. 7. ii. 59. xxviii. 29. Ep. Hist. i. 37. Plut. Cras. 
4. Juv. viii. 217. w. Dio. xli. 35. xlvii. 42. 

2 E cJ 



330 KOMAN ANTIQUITIES. 

it appears to have been considerable. The prastorian cohorts 
had double the pay of the common soldiers.^ 

Besides pay, each soldier was furnished with clothes, and 
received a certain allowance ^ of corn, commonly four bushels a 
month, the centurions double, and the equites triple. But for 
these things a part of their pay was deducted.^ 

The allies i-eceived the same quantity of corn, except tliat the 
horse only received double of the foot. The allies were clothed 
and paid by their own states.^ 

Anciently there were no cooks permitted in the Roman araiv. 
'"'.'.e soldiers dressed their own victuals. They took food t«,\ce 
y^ -^ at dinner and supper. A signal was publicly given lor 
both. The dinner was a slight meal, which they commonly 
took standing. They indulged themselves a little more at 
supper. The ordinary drink of soldiers, as of slaves, Avas water 
mixed with vinegar, called posca.^ 

When the soldiers had served out their time,'' the foot twenty 
years, and the horse ten, they were called emeriti, and obtained 
their discharge. This was called missio honesta vel justa. 
When a soldier Avas discharged for some defect or bad health, 
it was called missio causaria ; if, from the favour of the general, 
he was discharged before the just time, missio gratiosa ; on 
account of some fault, ignominiosa.^ 

Augustus introduced a new kind of discharge, called exauc- 
toratio, by which those who had served sixteen campaigns 
were exempted from all military duty except fighting. They 
were however retained^ in the army, not with the other soldiers 
under standards,^ but by themselves under a flag,^" whence they 
were called vexillarii or veAerani, sometimes also subsignani," 
till they should receive a full discharge and the rewards of their 
service,^- either in lands or money, or both, which sometimes 
they never obtained. Exauctorare is properly to free from 
the military oath, to disband.^'^ 

IX, METHOD OP ATTACKING AND DEFENDING TOWNS. 

The Romans attacked^* places either by a sudden assault, or if 
that failed,^^ they tried to reduce them by a blockade.^'' 

They first surrounded a town with their troops,^' and by their 
missive weapons endeavoured to clear the walls of defendants. ^^ 

1 Juv. Hi. 132. Dio. lir. 14. Hirt Bell. Afr. 5t. Suet. Aug. 24. 49. Tib. 17 corona cingebaiit, 
25. D. de Re Milit. 1. 13. 48. Cat. 4'j. Vit. 10. ve) circundabant, Liv. 

2 dimensum. 8 tenebantur. Cic. Phil. ii. 40. Virg. vii. 27. xxiii. 44. xxi». 

3 Tac. Ann. i. 17. Polyb. 9 sub signis et aquilis. Eel. i. 71. ix. 2^.Tac. 2. inoenia exercitu cir- 
vi. 37. 10 sub vexillo seorsim, Ann. i. 17. Hor. Sat. cumvenerunt, Sal. Jug. 

4 Polyb. ib, Tac. Ann. i. 36. ii. 6. 55. 57. 

5 Plaut. Mil. iii. 2. 23. 11 Tac. Hist. i. 70. 14 oppugnabant. 18 nudare mures de- 
ft stipendia legitima fe- 12 pra;niia vej comnio- 15 si subito iuipetu ex- tensoribus, vel pro- 

cissent vel meruissent. da rnilitiae. pugnare non poteranl. pugnatoiibus. 

7 Luc. i. 344. Liv. xliii. 13 Liv. viii. 3).«v. 20. 16 C»s. B. G. v;i. ^^ 



NAVAL AFFAIRS. 337 

made of trunks of trees hollowed,^ called alvei, lintres, scaph.e, 
vel monoxyla/ or composed of beams and planks fastened to- 
gether with cords or wooden pins, called rates, or of reeds, 
called cann^/ or partly of slender planks/ and partly of wicker- 
hurdles or basket-work,^ and covered with hides, as those of the 
ancient Britons, and other nations, hence called navigiavitilia, 
corio circumsuta, and naves sutiles, in allusion to Avhich, Virgil 
calls the boat of Charon, cymba sutilis^ somewhat similar to the 
Indian canoes, which are made of the bark of trees ; or to the 
boats of the Icelanders and Esquimaux Indians, which are made 
of long poles placed cross-wise, tied together with whale sinews, 
and covered with the skins of sea-dogs, sewed with sinews in- 
stead of thread. 

The Phoenicians, or the inhabitants of Tyre and Sidon, are 
said to have been the first inventors of the art of sailing, as of 
letters and astronomy. For Jason, to whom the poets ascribe 
it,^ and the Argonauts, who first sailed under Jason from Greece 
to Colchis in the ship Argo, in quest of the golden fleece, that 
is, of commerce, flourished long after the Phcenicians Avere a 
powerful nation. But whatever be in this, navigation certainly 
received from them its chief improvements. 

The invention of sails is by some ascribed to J^olus, the god 
of the winds, and by others to Dffidalus ; whence he is said to 
have flown like a bird through the air. They seem to have 
been first made of skins, which the Yeneti, a people of Gaul, 
used even in the time of Ceesar, afterwards of flax or hemp ; 
whence lintea and carbasa (sing, -us) are put for vela, sails. 
Sometimes clothes spread out were used for sails.^ 

It was long before the Romans paid any attention to naval 
affairs. They at first had nothing but boats made of thick 
planks,^ such as they used on the Tiber, called naves caudicari^ ; 
whence Appius Claudius, who first persuaded them to fit out a 
fleet, A. U. 489, got the surname of caudex. They are said to 
have taken the model of their first ship of war from a vessel ot 
the Carthaginians, which happened to be stranded on their 
coasts, and to have exercised their men on land to the manage- 
ment of ships.^" But this can hardly be reconciled with what 
Polybius says in other places, nor with what we find in Livy 
about the equipment and operations of a Roman fleet.^^ The 
first ships of war were probably built from the model of those of 
Antiura, which, after the reduction of that city, were brought to 



1 er singulis arboribus 


4 carinie ac statumina. 


xlviii. 18. Plin. iv. 16. 


66. 


cavatis, Virg. G. i. 


the keel and ribs, ex 


vii. 56. xxiv. 9. s. 40. 


9 ex tabulis crassiori- 


12fi. 26-2. Pii.i. xvi. 41. 


levi materia. 


7 Plin. V. 12. Ov. Met. 


bus, Fest. 


Liv. xxvi. 26. 


5 leiiquum corpus na- 


vi. vers. ult. et Am. ii. 


10 Sen. Brev. Vit. 13. 


2 Paterc. ii. 107. Ov. 


vium viminibus con- 


11.1. Luc. iii. 194. 


Varr. Vit. Rom. 11. 


F. ii. 407. Liv. i. 4. 


textura. 


8 Diod. V. 7. Virg. .En. 


Polyb. i. 20. 21. 


XXV. 3. Plin. vi. 23. 


6 ^'.n. vi. 414. Cxs. B. 


vi. 15. Cxs. B. G. iii. 


11 Liv. ix. 30. 33. 


Strab. iii. 155. 


C. i.51. Luc. iv. 131. 


13. Tac. Ann. ii. 24. 




3 Juv. V. S9. Fest. 


HeroJot. i. 194. Dio. 


Hist. V. 23. Juv. xii. 





2f 



338 



ROMAN ANTIQUITIES. 



Koine A. U, 417.^ It was not, liouever 
war that they made any figure by sea. 




Navis Longa. 



till the first Punic 

Ships of war 
were called naves 
LONG-E, because 
they were of a 
longer shape thau 
ships of burden, 
(naves onerari^, 
o'hKa'higy whence 
hulks ; or arcae, 
barks,) which were 
more round and 
deep. The ships 
of war were driven 
chiefly by oars, 
the ships of bur- 
den by sails,- and 
as they were more 
heavy,^ and sailed 
more slowly, they 
were sometimes 
towed* after the 
war si lips.* 
Navis Oncraria. 
Their ships of war were variously named from their rows or 
ranks of oars.** Those which had two rows or tiers were called 
biremes ; "' three, triremes ; four, quadrir ernes ; five, quinquerentes 
vel penteres. 

The Romans scarcely had any ships of more than five banks 
of oars; and therefore those of six or seven banks are called 
by a Greek name, hexercs, hepteres, and above that by a cir- 
cumlocution, naves, octo, novem., decern ordinum, vel versuum.^ 
Thus, Livy calls a ship of sixteen rows ^ navis ingentis magni- 
tiidinis, quam sexdecim versus remorum agehant^ a galley of vast 
size, which was moved by sixteen tiers of oars. This enormous 
ship, how#ver, sailed up the Tiber to Rome.^" The ships of 
Antony (which Florus says resembled floating castles and 
towns; Virgil, floating islands or mountains,) had only from 
six to nine banks of oars. Dio says from four to ten rows.^^ 

There are various opinions about the luanner in which the 
rowers sat. That most generally received is, that they were 
placed above one another in different stages or benches ^^ on one 




1 Liv. viii. 14. 

2 Gajs.B.G.iv. 20.25. 
V. 7. Isid. xix, 1. Gic. 
Faiii. xii. 15, 

3 graviored. 



4 remulco tractae. 11, xvi. 4. vel dicrote, 

5 Liv. xxxii. 16. Kirt. B. Alex. 47. 

6 ab ordinibus remo- 8 Liv. xxxvii. 23. Flor, 
rum. iv.U, 

7 dierota, Cic, Att. v. 9 iicKaiiiKi]fr,s, Polyb. 



10 Liv. xlv. 3-.. 

11 1. i!3. 33. Flor. iv. 
II. 4. Virg. .i;n. viii. 
691. 

12 ill transtiis veljuj;i9« 



NAVAL AFFAIRS. 



339 



side of the ship, not in a perpendicular line, but in the form of 
a quincunx. The oars of the loAvest bench Avere short, and 
those of the other benches increased in length, in proportion to 
their height above the water. This opinion is confirmed by 
several passages in the classics,^ and by the representations 
which remain of ancient galleys, particularly that on Trajan's 
pillar at Rome. It is, however, attended with difficulties not 
easily reconciled. 

There Avere three different classes of rowers, whom the 
lireeks called thranilcB, %eugit<E. or zeugioi, and thalamitce, or 
-202, from the different parts of the ship in Avhich they Avere 
placed. The first sat in the highest part of the ship, next the 
stern ; the second, in the middle ; and the last in the lowest 
part, next the prow. Some think that there were as many oars 
belonging to each of these classes of rowers, as the ship was 
said to have ranks or banks of oars : others, that there Avere as 
many rowers to each oar, as the ship is said to have banks ; and 
some reckon the number of banks, by that of oars on each side. 
In this manner they remove the difficulty of supposing eight or 
ten banks of oars aboAe one another, and even forty ; for a ship 
is said by Plutarch and Athenaus to have been built by Ptolemy 
Philopator which had that number : ^ but these opinions are 
involved in still m.ore inextricable difficulties. 



WAR GALLEYS. 
It unfortunately happens that 
no detailed account or explicit 
evidence has come down to us, 
whereby the mode in which the 
banks of oars were arranged 
might be satisfactorily ascertain- 
ed ; the only source of informa- 
tion being the mere casual allu- 
sions of historians and poets, 
■who have naturally avoided to 
encumber their narration with 
technical details of construction. 
Upon Trajan's column, indeed, 
vessels are sculptured, supposed 
to be those of two and three 
banks of oars ; but the figures 
and mechanical proportions upon 
it are so confused and crowded 
that nothing can be safely de- 
termined trom this authority. 
So also, in the rostrated column 
of Duilius, erected to commemo- 
rate his naval victory over the 
Carthaginians, and discovered 
about two centuries and a half 
ago at Rome, only the beaks of 
galleys are projected from the 
shaft of the pillar, and no part of 
the banks of oars is exhibited. 
Several paintings of ancient ves- 
sels have likewise been discover- 
ed in the ruins of Herculaneum, 
but so much eflaced that nothing 
can be gathered from them to 
throw any light on the subject. 



In the absence, therefore, of all 
direct evidence, recourse has 
been necessarily had to conjec- 
ture. 

The war vessels of the ancients 
were designated and rated ac- 
cording to the number of the 
banks of oars by which they 
were impelled. There were, 
generally, two classes of war 
galleys, one of a single Jine of 
oars, and the other of two, three, 
five, seven, or more banks, all 
of which were, at uift'erent peri- 
ods, employed in naval engage- 
ments. The form of vessels of 
one bank of oars may be readily 
imagined; but the construction 
of the numerous class or galleys 
of more than one bank, is a point 
fruitful of conjectures and per- 
plexities. 

Alter stating insuperalde ob- 
jections to the various solutions 
of these difficulties thnt have 
been proposed by Vossius, Sa- 
vile, iMelville, and others, Mr 
Howell, in his ingenious "Essay 
on the War Galleys of the An- 
cients," lately published, ad- 
vances the following theory. Af- 
ter detailing the inconveniences 
which would be found in the 
early war galleys of a single 
arrangement of oars occupying 
the whole vessel's length, and 
neither leaving a deck for the 



soldiers to fight upon, nor ad- 
mitting of a commanding height 
whence to discharge their mis- 
siles, he proceeds to unfold the 
idea which, according to his 
supposition, must have struck 
tlie Erythraeans, who are gene- 
rally admitted to have been the 
first to substitute galleys of two 
banks for the old ones of a single 
tier. Suppose a vessel of the 
original form, pulling twenty 
oars, ten on each side, thus: — 











the Erythraeans, he imagines, 
found, that, without adding to 
the length of the vessel, they 
could have the same number of 
oars in nearly one-half ot the 
length, by plying the oars ob- 
liquely, thus, up the side of the 
galley : 



by this means the rowers being 
all placed in the midships, am- 
ple room would be left for an 
elevated deck for combat at the 
poop and prow. Thus, then, 
according to Mr Howell, origi- 



A'irg. Jin, V. 119. 



Luc.iii,536. Sil. Ital, x 

2f2 



2 Piin. vii. 56. 



340 



ROMAN ANTIQUITIKS. 




Ships contrived 
for lightness and 
expedition {naves 
ACTUARi^) had but 
one rank of oars 
on each side,^ or at 



lno^t two. They 

A\ere of different 
ands, and called 

by various names; 

SkS ,celoc€s,\.e.naves 
celeres vel cursorice, lembi, phaseli, myoparonts, &c. But the 
most remarkable of these uere the navts liburn.e,^ a kind of 



•^_,.,i,vC^^ 



light galleys used by the Liburni, a people of Dalmatia, addicted 
to piracy. To ships of this kind Augustus was in a great 
measure indebted for his victory over Antony at Actium, 
Kence after that time the name of naves liburn-^j; was given to 
all light quick-sailing vessels, and few ships were built but of 
that construction.^ 

Ships were also denominated from the country to which they 
belonged, and the various uses to which they were applied ; as 
NAVES MERCATORi.i:, jiumentaricp, vinaricp, olearicB ; pisCAxoRiiE 
vel lenunculi, tisbing-boats ; sPECLLAxoRi.^i et exploratorits, spy- 
boats ; piRATic.E vel prcedatoria ;* nivPAGoem, vel hippagints 



Dated the creation of a bireme; 
and when this iiiea vas once 
started, of placing the banks of 
Jive oars each obliquely, the ex- 
tension of the plan was easy «o 
an indefinite degree, simply by 
oddiug to the length of the gal- 
ley, without at all increasing 
hej- height. The oar-ports of a 
trireme would, for instance, ap- 
pear thus ; — 



a quinquererae thus:— 



and so on, until the galley of 
Ptolemy Philopator would count 
forty of these oblique ascents, 
beliind one another from stem to 
stern, and each of five oars, 
without being necessarily higher 
ill the water than a bireme. 
"Ihat a rank or bench of oars,'' 
says l\lr Howell, " never con- 



tained more than five oars, I 
think can be proved, whatever 
the size of the galley was, whe- 
ther a bireme or trireme, up to 
the galley of Philopator, which 
had forty banlts, nine feet being 
the highest point from the water 
to the scalmi from which they 
could pull with effect. That the 
scalmi of Philopator's galley did 
not exceed this, is evident frora 
Athenaeus, lib. v. c. 37. The 
longest oar was 38 cubits, or 57 
feet ; there could not be less than 
three feet from the water's edge 
to the lower edge of the oar- 
port, and 18 inches for the width 



1 simplice ordine aee- 
bantur, *»o>7)psif, Tac. 
Hist. v. 23, 



2 Caes B. G. v. I.Luc. 3 Dio. 
iii. 534. Cic. et Liv. iv. 33. 
Hor. Ep. i. 1. 4 Cies. B. G. i 



29. 32, Veg. 
3D. iii. 



5. Cic. Verr. v. 33. 
Liv, xxiii. 1. xxx, 10. 
xxxiv. ;i3.3(>. xxxvi.42. 



NAVAL AFFAIRS. 



311 



for carrying horses and their riders ; TABELLARiiE, message- 
boats ; * vECTORi.E GRAVESQUE, transports and ships of burden ; 
annoiin(S privat(Bque,hmh that or the former year for private 



of it. That they were so wide 
was necessary for tlie size of the 
oar, and we learn it also from a 
curious fact. Megabates, visit- 
ing the fleet, found a Grecian 
galley without its guard, and 
thus he punished the captain; 
Herodotus (lib. v. cap. 33), Aia 
^aXafit-rjs Sis'XoyTas ttj9 ^eoj. Tlie 
meaning evidently is, ' he bound 
him to the lowest bench, with 
his head out of the oar-port»' 
This he could not have done had 
the oar- ports been less. Now, 
from the lower bench to the up- 
per bench inside, five feet is 
sufficient for both man and oar. 
The benches being placed slop- 
ing from the lowest up to the 
fifth or highest, the outer edge 
of the upper oar-port would be 
four feet six inches from the up- 
per edge of the under port, 
whose width is eighteen inches, 
so that nine feet is all that was 
required for the height of a 
bank's ascent. Adopting this 
idea, the difficulty of the subject 
is at once removed, and, when 



once this method of placing the 
oars was found out, expense or 
convenience were the only ob- 
jects to be studied by the an- 
cients, for nothing could be 
more easy than adding to the 
length of the galley according to 
the numb?r of banks required, 
even up to one hundred, could 
such a large vessel have been 
easily navigated." 

This theory supersedes all 
others in probability, and is in 
agreement with most of the pas- 
sages referring to galleys and 
matters of military marine in 
the ancient authors. It at once 
obviates the absurdity contained 
in that monstrous supposition, 
that even forty banks must have 
been placed one over another. 
Nor would there be any incon- 
venience in the oblique ascend- 
ing series of five oars in each 
bank. It justifies also the gene- 
ral title, applied to war galleys- 
naves /o«)^«; the appropriateness 
of which would be utterly lost in 
the huge proportions of a galley 



of forty, or even ten banks, rising 
one above another; while it 
agrees wiih the intvitable de- 
duction from various writers, 
and from the imperfect repre- 
sentation on Trajan's column, 
that there were at least several 
ascending tiers of oar-ports, re- 
quiring oars of various lengths. 
It moreover is in accordance 
with the appearance of the gal- 
leys on Duilius's rostrated 
column ; on which, in the beaks 
of the vessels (the only part re- 
presented) there are no oars: 
leading us to conclude that these 
were placed only in the waist. 

It remains to add, that Mr 
Howell has presented the direc- 
tors of the Edinburgh Academy 
with a model of a hexirenie, con- 
structed accor<J)ng to his theory, 
which is represented in the fol- 
lowing cut, and to which are 
subjoined the Latin and Greek 
names of the several parts of the 
war galley. 




EEFERKNCES. 

1 carina, rpoTrtf. 

2 testudo, xvTos. 
2 latera, mXevfai. 

4 foriv.traustra, rot^oi. 
$ foramina remorum. 



6 prora. jrpojpa. 

7 puppis, Cauda, wpu- 
/ii'i7, Ofpa. 

8 corymoi vel corona, 
o«-po(TToXia et (T-o'Xo^, 

9 corymbi, afXnnTa. 

1(1 oculus navis, oipOaX- 



11 tutela, sTiTfoirr). 

12 gubernaculum, vrtSa 
\cov. 

13 rostrum, rfi^oXov. 

14 Stega, icaTa(p(iay^aTa 

15 catastroma, xa-a 

16 nialus, JjTOf. 



17 vela, l(TTia. 

18 antenna, xepaiat 
39 pedes, iroies- 

20 funes qui malum 
snstinent, 7rpoT01.cn. 

21 thranitai, flpanTM. 
52 iufi-.! 



i Sen. Kp. 



I'luut. .'Mil. Ui 



iv. 1,39. Li 

2f3 



xliv. 28. Cell, x.,25. I-est, 



342 ROMAN ANTIQUITIES. 

use. Some read annonari(B, i. e. for carrying provisions. Each 
ship had its long-boat joined to it.^ 

A large Asiatic ship among the Greeks Mas called cercurus, 
it is supposed from the island Corcyra; but Pliny ascribes the 
invention of it to the Cyprians.- 

Galleys kept by princes and great men for amusement, Avere 
called by various names ; triremes ceratcB vel (sratce^ lusorm et 
cubiculatdB vel thalamegi, pleasure-boats or barges ; privcB, i. e. 
propricB et non meritoricB, one's own, not hired; sometimes of 
immense size, deceres vel decernremes.^ 

Each ship had a name peculiar to itself inscribed or painted 
on its prow ; thus, pristis, scylla, centaurus, &c., called 
PARASEMON, its sign, or insigne,* as its tutelary god ^ Avas on its 
stern ; whence that part of the ship Avas called tutela or cautelay 
and held sacred by the mariners. There supplications and 
treaties were made.'' 

In some ships the tutela and 7Toc^oc(j-nf/,ov were the sarae.^ 

Ships of burden used to have a basket suspended on the top 
of their mast as their sign,^ hence they were called corbit.e.^ 

There was an ornament in the stern and sometimes on the 
prow, made of Avood, like the tail of a fish, called aplustre, vel 
plur. -iUy from which Avas erected a staff or pole Avith a riband 
or streamer ^" on the top.^^ 

The ship of the commander of a fleet ^ Avas distinguished by a 
red flag,^^ and by a light. 

The chief parts of a ship and its appendages Avere, carina, 
the keel or bottom ; statumina, the ribs, or pieces of timber 
Avhich strengthened the sides ; prora, the prow or fore-part, 
and puppis, the stern Or hind-part; alveus, the belly or hold of 
the ship : sentina, the pump,^^ or rather the bilge or bottom of 
the hold, Avhere the Avater, which leaked into the sliip, remained 
till it Avas pumped out/^ or the bilge-Avater itself, properly called 
nautea. In order to keep out the Avater, ships were besmeared 
Avith wax and pitch ; hence called cerat/e.^'' 

On the sides ^^ were holes ^^ for the oars (remi, called also by 
the poets tonscB, the broad part or end of them, pahna vel 
palmula\ and seats ^^ for the rowers.^" 

Each oar Avas tied to a piece of Avood,-^ called scalmus, by 



1 Caes. B. G. v. 7.cym.- 5 tutela veJ tutelaie nu- 9 Fest. Cic. Att. xv!.6. 
bulae onerariisadhacres- men. Plaut. Pcen. iii. 1.4. 40. 
cebant, Plin. Ep.8.20. 6 Liv. xxx. 36.Sil. Ital. 10 fascia vel taenia. 

2 viu 56. Plaut. Merc. xiii. 76. xiv. 411. 439. 11 Juv. x. 136. Luc. iii. 
i. 1. 86. Stich. ii. 2. 84. Ov. Trist. i. EL 3. v. 671. 

iii. 1. 12. 110. 9. V. 1. Heroid. 12 navis pnctoria. 

3 Sen. Ben. vii. 20. xvi. 112. Pers. vi. 30. 13 vexillum vel velum 
Suet. Cffis. 52. Cal. 37. Luc. iii. 501. Sen. Ep. purpuieum, Tac Hist 
Hor. Ep. i. 1. 92. 76. Petron. c. 105. v. 22 Plin. xix. 1. Cffis. 

4 Tac. Ann.vi. 34. Liv. 7 Serv. Virg. iEn. v. B. G. ii. 6. Flor. iv. 8. 
xxxvii. 29. Herodot. 116. Act. Apos. xxviii. Virg. ^n. ii. 256. 
viii. 89. Virg &!>.. V. 11. 14 Ca!s. B. C. iii. 25. 
116. 8 pro signo. 15 donee per antliam 



exhauriretur. 


Cic 


Fan,, ix. 15, 


Sen. 6. 


Mart. ix. 19. 


4. Suet. 


Tib. 51. 




16 Juv. vL 99 


Plaut. 


Asin. V. 2.44 


Non. 1. 


25. Ov. Her. v 


.12. 


17 Jatera. 




18 foramina. 




19 sedilia vel transtra. 


20 remiges. 




21 paxillus vel 


lignum 



NAVAL AFFAIRS. 



343 




3 



thongs or strings, called stroppi vel struppi ; hence scalmus"^ is 
put for a boat ; navicula duorum scalmorum, a boat of two 
oars ; actuaria, sc. navis, decern scalmis, quatuor scalmorum 
navis. The place where the oars were put, when the rowers 
were done working, was called casteria.^ 

On the stern was the rudder (gubernaculum vel clavus), and 
the pilot (gubernator) who directed it. 

Some ships had two rudders, one on each end, and two proAvs, 
so that they might be moved either way without turning, much 
used by the Germans, and on the Pontus Euxinus, or Black Sea, 
called camar.^,'^ because in a swelling sea they were covered 
with boards like the vaulted roof of a house : * hence camaritcB, 
the name of a people bordering on the Black Sea.^ 

On the middle of the 
ship was erected the mast 
(malus), which was rais- 
ed^ when the ship left 
tlie harbour, and taken 
down ' when it approach- 
ed the land ; the place 
where it stood was called 
MODius.^ The ships of 
the ancients had only one 
mast. 

On the mast were fixed 
the sail-yards (antenn.e 
vel brachia), and the sails 
(vela) fastened by ropes 
(funes vel rudentes). Im- 
mittere rudentes, to loosen all the cordage ; pandere vtla, to 
spread the sails.^ 




1 The oars employed by 
the ancients in rowing 
are not described by 
any of the ancient au- 
tliors, it may be reck- 
oned best, therefore, to 
apply for information 
to the moderns, and 
follow Isaac Vossius 
in his description of 
the oars in use in the 
Mediterranean galleys 
of his time. There 
was, in all probability, 
very little alteration in 



their construction from 
their first use until the 
present time. It being 
simple in itself, and 
only adapted to one 
object, its improve- 
ment must have been 
rapid, and when found 
quite efficient, there 
was no inducement to 
alter it. Thus an oar 
of thirty-six feet long 
A to B, has from A to 
C a space of eleven 
feet within the galley ; 



it is hung upon the 
scalmi by the thong at 
G ; it is here extremely 
thick, nine inches in 
diameter, and as the 
hand could not grasp 
it, there is a handle 
fixed upon it, DD. It 
extends within to about 
three feet of the scal- 
mi thong. 
2 Plaut. As. iii. 1. 16. 
Isid. xix. 4. Cic. Off. 
iii. 14. Or. ii. Zi. Alt. 
svi. 3. Vel. ii. 4S. 



3 Tac. Ann. ii. 6. Mor. 
G. 44. Strab. xi. 496. 

4 camera, Tac. Hist. iii. 
47. Gell. X. 25. 

5 Eustalh.Diony. 700. 

6 attoUebatur vel erige- 
batur, Cic. Verr. v. 34. 

7 inclinabatur vel po- 
nebatur. 

8 Virg. Mn. v. 329. 
Lucan, iii. 45. Isid. 
xix. 2. 

9 Plln.Ep. viii. 4. 



344 ROSIAN ANTIQUITIES 

ITie sails were usually white, as being thought more lucky, 
sometimes coloured.^ 

The ends of the sail-yards were called cornua ; from which 
were suspended two ropes called pedes, braces, by pulling which 
towards the stern, the sails Avere turned to the right or left. 
If the wind blew obliquely from the left, they pulled the rope 
on the right, and so on the contrary : hence facere pedem, to 
trim or adjust the sails; obliquat Icbvg pede carbasa, he turns 
the sails so as to catch the Avind blowing from the right; so 
obliquat sinus in ventum, currere utroque pede, to sail with a 
wind right astern, or blowing directly from behind ; in con- 
trarium navigare prolatis pedibus, by tacking; intendere brachia 
velis, i. e. vela brachiis, to stretch the sails, or to haul them out 
to the yard-arms ; dare vela ventis, to set sail ; so vela facei-e, or 
to make way ; subducere vela, to lower the sails ; - ministrare 
velis, vel -a, i. e. attendere, to manage, by drawing in and let- 
ting out the opposite braces ; '^ velis remis, sc. et ; i. e. summa vi, 
manibus pedibusque, omnibus nervis, with might and main ; ^ so 
remigio veloque, Plaut. Asin. 1. 3. 5 ; who puts navales pedes for 
remiges et naut(B, Men. ii. 2. ult. 

The top-sails were called suppara velorum, or any appendage 
to the main-sail.^ 

Carina puppis, and even trabs, a beam, are often put by the 
poets for the whole ship ; but never velum, as we use sail for one 
ship or many; thus, a sail, an hundred sail. 

The rigging and tackling of a ship, its sails, sail-yards, oars, 
ropes, &c. were called armamenta. Hence ai'rna is put for the 
sails, colligere arma jubet, i. e. vela contrahere, he commands 
them to furl the sails, and for the rudder, spoliata armiSy i. e. 
clavo^ despoiled of her rudder. 

Ships of war,^ and these only, had their pi'ows armed with a 
sharp beak,^ which usually had three teeth or points, whence 
these ships were called rostrat.®, and because the beak was 
covered with brass, ^rat.e.^ 

Ships, when about to engage, had towers erected on them, 
whence stones and missive weapons were discharged from en- 
gines called propugnacula, hence turrit(B piippes. Agrippa in- 
vented a kind of toners which were suddenly raised. Towers 
used also to be erected on ships in sieges and at other times.^*^ 



1 Gv.Her.ii.ll.Catul. 


pedes, Virg. ^n. vi. 


6 Plaut. Merc. i. 62. 


Plin. xxxii. 1. 


]xiv. 225. Plin. xix. 1. 


302. X. 218. 


Virg. &a. V. 15. vi. 


10 Cses. B. G. iii. U 


S.5. 


4 Cic. 0. Frat. ii, 14. 


353. 


Flor. ii.2. iv. 11. Plin. 


2 Sil. vi. 325. Luc. V. 


Tusc. iii. 11. Off. iii. 


7 nives longse vel bel- 


xxxii. 1. Plut. in Ant. 


428. Catul. iv. 21.Cic. 


33. but ill the last pas- 


He*. 


Hor. Ep. i. 2. Virg. 


Verr. v. 31. Plir. ii. 


sage the best copies 


8 rostrum, oftenerplur. 


iEn. viii. 693. Serv, 


S7. s. 48. Virf. ^n. 


have viris equisque, as 


rostra, G<es. B. G. iii. 


Virg. Liv. xxiv. 3i. 


iv. 546. V. 16. 281.8i!9, 


Phil.viii.7.' 


13. Sil. Ital.xiv. 480. 


Tac. Ann. xv. 9. Sil. 


830. 


5 Luc. v. 429. Stat. 


9 Virg. JEa. V, 142. 


Ital. xix. 418. 


3 adduccndo et remit- 


Sylv. ii. 3, tl. Sen. 


viii. 690. Gaes. B. C. ii. 




teiido vel profcrendo 


Ep. 77. 


3. Hor. Od. ii. 16. 21. 





NAVAL AFFAIRS. 345 

Some ships of war were all covered,^ others uncovered? ex- 
cept at the prow and stern, where those who fought stood.^ 

The planks or platforms* on which the mariners sat or passed 
from one part of the ship to another, were called fori, gang- 
ways,^ and the helps to mount on hoard, poxtes vel scalj..'^ 
Some take /on for the deck (stega, -cb), others for the seats. It 
is at least certain they were both in the top of the ship and 
below. We also find forus, sing.'' 

The anchor (akchora), which moored or fastened ^ the ships, 
was at first of stone, sometimes of wood filled with lead, but 
afterwards of iron. It was thrown ^ from the prow by a cable, 
and fixed in the gTound, while the ship stood (oi-, as we say, 
rode) at anchor,^" and raised ^^ when it sailed; sometimes the 
cable ^- was cut.^^ The Veneti used iron chains instead of ropes.^* 

The plummet for sounding depths ^^ was called bolis or cata- 
pirates, or molybdis, -idis, as Gronovius reads, Stat. Sylv. iii. 
2. 30. 

The ropes by which a ship was tied to land were called reti- 
nacula, or ORE, or simply fukes. Hence oram solvere^ to set 
sail.^« 

The ancients had ropes for girding a ship in a storni,^^ which 
are still used. They had also long poles,^^ to push it oflF rocks 
and shoals.^^ 

Sand, or whatever was put in a ship to keep it steady, was 
called saburra, ballast.-" 

Ships were built -^ of fir,^- alder,-^ cedar, pine, and cypress,-* by 
the Veneti, of oak,^^ sometimes of gTeen wood ; so that a num- 
ber of ships were put on the stocks,-^ completely equipped and 
launched,-^ in forty-five days after the timber was cut down in 
the forest ; by Csssar, at Aries, against the people of Marseilles, 
in thirty days.-^ 

There was a place at Rome beyond the Tiber where ships 
lay and were built, called navalia, plur. -ium, the dock.-^ 

As the Romans quickly built fleets, they as speedily manned 
them. Freedmen and slaves were employed as mariners or 
rowers,^" who were also called socii xavales, and classici. The 

1 terte vel constratae, 653. Stat. Sylv. iii. 2. xxiu 19. Cic. Verr. v. 22 abies, Virg. G. ii. 
Ka.Ta<f>paKroi\ quae «ta- 55. 34. 68. 

TaiTpa,/iara, tabulata 7 Qell. xvi. 19, Plaut. 14 Caes. B. G. iii. 13. 23 ainns, Luc. iii 440. 

vel tonstrata habebaut, Bacch. iL 3. 44. Slich. 15 ad altitudinem maris whence alni, siiijis, ib. 

decks. iii. 1. 12. Sii. xiv. 425. explorandam, Isid.xix. ii. 427. 

2 ajierte, a(pfaxToi, V. -a, Luc. iii. 630. 4. 24 Veg. iv. 34. 

Cia Att. V. 11, 12. vi. 8 tundabat vel alliga- 16 Virg. Mn. iii. 639. 25 ex robore, Cses. B. 
8. 12. bat. 667. iv. 5S0. Liv. xxii. G. iii. 13. 

3 Liv. XXX. 43. xxxvi. 9 jaciebatur, Virg. .ffin. 19. xxviii. 36. Quinct. 26 posifas. 

42. Caes. passim. Cic, vi. ult. Ep. Tryph. & iv. '-'.41. 27 instructae v. ornutse 

Verr. v. 34. 10 ad anchoram vel in 17 Hor. Od. i. 14. Act. armatsque in aquam 

4 tabulata. anchnra stabat, Caes. Apost. xxvii. 17. dednctae sint. 

5 ab eo quod incessus B. G. v. 10. 18 conti, perticas, sudes 28 Liv. xxviii. 45. Caes. 
ferant, Serv. Virg. 11 toUebatur vel velle- vel trades. B. C. i. 34. Plin. xvi. 
.V.n. iv. 605. vi. 412. batur. Id. iv. 23. 19 Virg. JEn. v. 208. 39. s. 74. 

(;ic. Sen. 6. 12 anchorale vel ancho- 20 Liv.xxxvii. U.Virg. 29 Liv. iii. 26. viii. 14. 

eiriBaBfut vel «>.^a«£f ra. G. iv. 195. xl. 51. 

Virg. /Kn. x. 288. 654. 13 pracidebatur, Liv. 21 aedilicabantur. 30 uautae vel remiges. 



346 ROMAN ANTIQUITIES. 

citizens and allies were obliged to furnish a certain number of 
these, according- to their fortune, and sometimes to supply them 
Avith provisions and pay for a limited time.^ 

The legionary soldiers at first used to fight at sea as well as 
on land. But when the Romans came to have regular and 
constant fleets, there was a separate kind of soldiers raised for 
the marine service,^ who were called classiarii, or EPiBATiE ; but 
this service was reckoned less honourable than that of the 
legionary soldiers, and was sometimes performed by manumitted 
slaves. The rowers also were occasionally armed.^ 

The allies and conquered states were in after times bound to 
furnish a certain number of ships completely equipped and 
manned ; some only stores, arms, tackling, and men.^ 

Augustus stationed a fleet on the Tuscan sea at Misenum, 
where Agrippa made a fine harbour called portus julius, by 
joining the Lucrine lake and the lacus Avernus to the bay of 
JBaice,* and another on the Hadriatic at Kavenna, and in other 
parts of the empire, also on rivers, as the Rhine and Danube.^ 

The admiral of the whole fleet was called dux pe^efectusque 
classis, and his ship, navis pr^etoria,'' which in the night-time 
had, as a sign,^ three liglus.^ 

At first the consuls and prastors used to command the fleets 
of the republic, or some one under them ; as Laelius under 
Scipio.i" 

The commanders of each ship was called navarchi, or trier- 
ARCHi, i. e. prcpfecti trieris vel triremis navis, or magistri 
NAViuM." The master or proprietor of a trading vessel, naucle- 
Rus, NAvicuLATOR, vel -ARius, who, wheu he did not go to sea 
himself, but employed another to navigate his ship, was said, 
naviculariam, sc. rem, facere.^' 

The person who steered the ship and directed its course was 
called GUBERNATOR, the pilot, sometimes also magister, or rec- 
tor. He sat at the helm, on the top of the stern, dressed in a 
particular manner, ^'^ and gave orders about spreading and con- 
tracting the sails,^* plying or checking the oars,'^ &c. It was his 
part to know the signs of the weather, to be acquainted with 
ports and places, and particularly to observe the winds and the 
stars. For as the ancients knew not the use of the compass, 
they were directed in their voyages chiefly by the stars in the 

1 Liv. xxi. 49, 50. xxii. 43. xlii. 48. 8 signum nocturnum. Man. 5. 

II. xxiv. 11. xxvi. 17. 5 Suet. Aug. 16, 9 Gic. Verr. v. 34. Liv. IS Virg. Mn. iii. 161. 

35, 48. Curt, iv. 3. 18. 6 sinus Baianus, Suet. xxix. 25, 176, v, 176. Sil. iv. 719. 

2 milites in classem Ner. 27. vel lacus Bai- 10 Liv. xxvii. 42. xxix. Luc. viii. 167. Cic. 
script!, Liv- xxii 57. anus, Tac, Ann. xiv, 25. Sen. 6. Plaut. Mil. iv, 

3 Liv. xxvi. 48. xxxii, 4. Dio. xlviii.50. Virg. 11 Cic. Verr. i. 20. iii. 4.41.45. 

23. xxxvii. 16. Suet. G, ii. 163. 80. v, 2!. Tac. Hist. ii. 14 expandere vel con- 

Galb. 1-2. Aug. 16. 7 Tac. Ann, iv. 5. xii, 8, Suet. Ner. 34. Liv. trahere vela. 

Tac. Ann. xv. 51. 30. Hist. i. 58. ii. 83. xxix. 25. 15 incumbere remis vel 

Hist.i.87.Ga!s. passim. iv. 79. Suet, Aug. 49. 12 Plaut. iVlil. iv. 3. 16. eos inhibere, Virg v. 

i Cic. Verr. v. 17, &c. Veg. iv. 31. Flor. iv. Cic. tarn. xvi. 9, Att. 12. x. 218. Cic. Or, i. 

Liv. xjtviii. 45, rxxvi. 12. -.^6. ix. b. Ver. ii, 55, v. 18. 33, Att, xiii, 21, 



NAVAL AFFAIRS. 347 

night-time/ and in the day-time by coasts and islands wliich 
they knew. In the Meditei'ranean, to which navigation was 
then chiefly confined, they could not be long out of the sight o 
land. When overtaken by a storm, the usual method was to 
drive their ships on shore,^ and when the danger was over, to 
set them afloat again by the strength of arms and levers. In 
Jhe ocean they only cruised along the coast. 

In some ships there Avere two pilots, who had an assistant 
called PBORETA, i. e. cusfos et tutela prorcB, who watched at the 
prow.^ 

He who had command over the rowers was called hortator 
and pausarius,* or portisculus, Avhich was also the name of the 
staff or mallet with which he excited or retarded them.^ Ke 
did ihis also with his voice in a musical tone, that the rowers 
might keep time in their motions. Hence it is also applied to 
the commanders. Those who hauled or pulled a rope, who 
raised a weight, or the like, called helciarii, used likewise to 
animate one another with a loud cry, hence nauticus clamor, the 
cries or shouts of the mariners.^ 

Before a fleet (classis) set out to sea, it Avas solemnly re- 
viewed ^ like an army ; prayers Avere made and victims sacri- 
ficed. The auspices Avere consulted, and if any unlucky omen 
happened, as a person sneezing on the left, or swalloAvs alight- 
ing on the ships, &c. the voyage Avas suspended.^ 

The mariners, Avhen they set sail or reached the harbour, 
decked the stern with garlands.^ 

There Avas great labour in launching^" the ships, for as the 
ancients seldom sailed in Avinter, their ships during that time 
M'ere drawn up^^ on land, and stood on the shore.^- 

They Avere draAvn to sea by ropes and levers,^^ Avith rollers 
placed beloAV,^^ called palanges, vel -gee, or scutul.e, and, accord- 
ing to some, lapsus rotarum; but others more properly take 
this phrase for rotcB labentes, aa heels. ^^ 

Archimedes invented a Avonderful machine for this purpose 
called HELix.^^ 

Sometimes ships Avere conveyed for a considerable space by 
land, and for that purpose they Avere sometimes so made, that 
they might be taken to pieces, a practice still in use. Augustus 
is said to have transported some ships from the open sea to the 

1 Or. Met. jii. 592. 5 celeusmata vel horta- 8 Cic. Phil. xii. 3. Liv. A'irs- ^n. i. 555. iii. 

Luc viii. 172. Virg. menta dabat, Plaut. xxix. 27.xxxvi, 42. A p. 135.177. 

An. UL 201. 269. 513. Asin. iii. 1. 15. Isid. B. C. v. Virg. /En. iii. 13 veclibus. 

Hor. Od. ii. 16. 3. 0ris.xix.l2. 118. v. 772. Sil. xvii. 14 cylindris ligTiisnue 

8 in terrain agere vel 6 Serv. Vira;. .En. iii. 48. Val. Max. i. Hor. teretibus et rotundis 
^i^^"%- 128. V. 140. Luc. ii. Ep.x. 1.16. 24. P(rly. suBjeclis. 

3 Ov. Met. iii. 617. .^:i. 683. Sil. v. ^60. Va!. iii. 10. Front, i. 12. 15 G<es. B. C. ii. iii. 3 !. 

IX. 40. Plant. Rud. iv. Flac. 1. 460. Mnrt. iii. 9 Virg. /En. iv. 415. G. Virg JEn. ii. 236. 

9 «.A«,rr,s. Plaut.Merc. 10. lb. Stat. Tlieb. vi. 10 in deducendo, AMrg. Alarcell. Sil It .1. xiv. 
>v. 2. 4. Sen. Ep. 56. 800. Asc. Cic. Div 17. .En. iv. 397. 352. 

Plant. Asm. iii. 1. 15, Dio. 1. 32. 11 subductie. 

'"'• "• liistrata est. \l Hor. Od. i. 4. 2 



348 



ROMAN ANTIQUITIES. 



Ambracian gulf near Actium, on a kind of wall covered with 
raw hides of oxen, in like manner over the Isthmus of Corinth. 
So Trajan, from the Euphrates to the Tigris.^ 

The signal for embarking w^as given with the trumpet. They 
embarked- in a certain order, the mariners first and then the 
soldiers. They also sailed in a certain order, the light vessels 
usually foremost, then the fleet or ships of war, and after them 
the ships of burden ; but this oi'der Avas often changed.^ 

When they approached the place of their destination, they 
were very attentive to the objects they first saw, in the same 
manner as to omens at their departure.* 

When they reached the shore,^ and landed'' the troops, 
prayers and sacrifices again were made. 

If the country was hostile, and there was no proper harbour, 
they made a naval camp,'^ and drew up their ships on land.*^ 
They did so, especially if they were to winter there.'^ But if 
they were to remain only for a short time, the fleet was stationed 
in some convenient place,^^ not far from land.^^ 

Harbours (portus) were most strongly fortified, especially at 
the entrance.^^ The two sides of which, or the piers, were 
called coRNUA, or brachia ; on the extremities were erected 
bulwarks and to\vers. There was usually also a watch-tower 
(pharos, plur. -i),^^ with lights to direct the course of ships in the 
night time, as at Alexandria in Egypt, at Ostia and Kavenna, 
at Capreae, Brundusium, and other places,^* A chain sometimes 
was drawn across as a barrier or boom (daustrum)}^ 

Harbours were naturally formed at the mouths of rivers ; 
hence the name of ostia at the mouth of the Tiber. Ovid calls 
the seven mouths of the Nile, scptem portus.^^ 

Harbours made by art ^^ were called cothones, vel -na, -orum. 

Adjoining to the harbour were docks (navalia, -ium), where 
the ships were laid up,^^ careened and refitted.^^ 

Fleets about to engage were arranged in a manner similar to 
armies on land. Certain ships were placed in the centre,-*^ others 
in the right w ing,-^ and others in the left ; some as a reserve.^^ 
We find them sometimes disposed in the form of a wedge, a 



1 Liv. XXV. 11. Sil. xii. 
441. Suet. Gal. 47. 
Curt. viii. 10. Just, 
xxxii. 3. Dio. 1. 12. li. 
5. Strab. viii. 335. 
xlvili. 2S. 

2 conscenJebant, Luc. 
ii. 690. 

3 Virg. Mn. v. 833. 
Liv. xxii. 16. xxix. 25. 
passim. 

4 Virg. i*:n. iii. 537. 
Liv. xxix. 27. XXX. 25. 

5 terram appulerunt. 

6 expnsuerunt, Liv. 
xxxvii. lU 47. 



7 castra navalia vel 
nautica. 

8 subducebant, Liv. 
xxiii. 28. XXX. 9, 10. 
Gaes. B. G. iv. 21. 

9 Liv. xxxvi. 45. 
xxxviii. 8. 

10 ad anchoram stabat, 
vel in statione teneba- 
tur. 

11 Liv. xxiv. 17. xxxi. 
23. xxxvii. J5. Cais. B. 
C. ii. 6. iv. 21. B. 
Alex. 25. 

12 aditus vel introitus; 
OS, ostium, vel fauces. 



Virg. jEn. i. 401. Cic. 
Liv. 

13 Cic.Att.ix.l4. Luc. 
ii. 615. 70b. Plin. Ep. 
vi. 31. Suet. Claud. 20. 
Liv. xxxi. 26. Vitr. v. 
11. 

14 Cajs. B. C. iii. ult 
Plin. xxxvi. 12. Suet. 
Tib. 74. Gal. 46. Stat. 
Sylv. iii. 5. 100. 

15 Front. Strat. i. 5, 6. 

16 Her. xiv. 107. Am. 
ii. 13. 10. Serv. Virg. 
^n. V. 281. Liv. i. 
33. xxvi, 19. Diony. iii. 



45. 

17 manu vel arte, Serv. 
Virg. iEn.i. 431. Fest. 

18 subductiB. 

19 refectie, Cic. Off. ii. 
17. Liv. xxxvii. 10. 
Caes. B. G. ii. 3, 4. 
Virg. iv. 593. Ov. Am. 
ii. 9. 21. 

20 media acies. 

21 dextrum cornu. 

22 subsidio, naves sub- 
sidiariiB. Hirt. Bel. .\1. 
10. Liv. xxxvi. 44. 
xxxvii. 23. 29. 



NAVAL AFFAIRS. 



349 



forceps, and a circle, but most frequently of a semicircle or 
lialf-moon.^ 

Before the battle, sacrifices and prayers Avere made as on 
land ; the admiral sailed round the fleet in a light galley,^ and 
exhorted the men. 

The soldiers and sailors made ready ^ for action : they furled 
the sails and adjusted the rigging; for they never chose to 
fight but in calm weather.* 

A red flag was displayed from the admiral's ship, as a signal 
to engage. The trumpets in it and all the other ships were 
sounded, and a shout raised by all the crews.^ 

The combatants endeavoured to disable or sink the ships of 
the enemy, by sweeping off ^ the oars, or by striking them with 
their beaks, chiefly on the sides. They grappled with them by 
means of certain machines called crows (corvi), iron hands or 
hooks (ferre.e manus),'' drags or grappling irons (harpagones),^ 
&c. and fought as on land.^ They sometimes also employed 
fire-ships, or threw firebrands, and pots fulL of coals and sul- 
phur, Avith various other combustibles,^" which Avere so success- 
fully employed by Augustus at the battle of Actium, that most 
of Antony's fleet Avas thereby destroyed.^^ 

In sieges they joined vessels together, and erected on them 
various engines, or sunk vessels to block up their harbours.^- 

The ships of the victorious fleet, Avhen they returned home, 
had their proAvs decked with laurel, and resounded Avith trium- 
phant music. ^^ The prizes distributed after a victory at sea Avere 
much the same as on land.^* Also naval punishments, pay, 
and provisions, &c.^^ 

The trading vessels of the ancients Avere in general much 
inferior in size to those of the moderns, Cicero mentions a 
number of ships of burden, none of Avhich was below 2000 
amphor(B^'^ i. e. about fifty-six tons, Avhich he seems to have 
thought a large ship.^^ There Avere, however, some ships of 
enormous bulk. One built by Ptolemy is said to have been 
280 cubits, i. e. 420 feet long, and another 300 feet ; the ton- 
nage of the former 7182, and of the latter, 3197.^^ The ship 
Avhich brought from Egypt the great obelisk that stood in the 
Circus of the Vatican in the time of Caligula, besides the obelisk 
itself, had 120,000 modii of lentes, lentiles, a kind of pulse, for 
ballast, about 1138 tons.^^ 



1 Polyb. i. Polysen. iii, 
Thucy. ii. Veg. iv. 45. 
Sil. xiv. 37U. 

2 navis actuaria. 

3 se expediebant. 

4 Liv. xxvi. 39. 

5 Sil. xlv. 372. Luc. iiu 
S40. Dio. xlix. 9. 

6 detergendo. 

7 Uio. 1.29. Luc. iii.635. 

8 i. e. asseres ferreo 



unco praefixi. 

9 Flor. ii. 2. Liv. xxvi. 
39. XXX. )0. 0*5. B. 
G. i. bl. Curt, iv. 9. 
Luc. xi. 712. Dio. 
xxxix. 43. xlix, 1. 3. 
&c. Hirt. B.Alex. 11. 

10 stuppea flamma iiia- 
•nu, tejisque volatile 
ferrum spargitur, from 
their hands flaming 

2 



balls of tow, and from 
missive engines the 
winged steel is flung, 
Vir-. ^En. viii. 694. 

11 Dio. 1. 29. 34, 35; 
hence vix una sospes 
navis ab ignibus, 
scarcely one shipsaved 
from the flames, Herat. 
Od. i. 37. 13. 

12 Curt iv. 13. Liv. 
ft 



xxiv. 34. xxvi 26. xxxv. 
11.14. C«s. B.C. iii. 34. 

13 Dio. H. 5. 

14 see p. 322. 

15 Liv. xxiii. 21. 48. 

16 qnarum minor nulla 
erat duum millium ani- 
phorum. 

17 Cic. Fam xii. 15. 

18 Athenacus. 

19 Plin. xvi. 40. s. 76. 



350 



KOMAN' ANTIQUITIKS. 



CUSTOMS OF THE ROMANS. 



I. THE ROMAN DRESS. 

The distinguishing part of the Roman dress was the toga or 
gown, as that of the Greeks v/as the pallium, and of the Gauls, 
hracccB, hreeches, whence the Romans were called gens togata,* 
or TOQATi, and the Greeks, or in general those who were not 
Romans, palliati : and Gallia cisalpina, when admitted unto the 
rights of citizens, was called togata.^ Hence also fabulce togatcB 
et palliat(S.^ As the toga was the robe of peace, togati is often 
opposed to armati'^^ and as it was chiefly worn in the city,^ it is 
sometimes opposed to rustici.*' 

The Romans were particularly careful in foreign countries 
always to appear dressed in the toga, but this Avas not always 
done. Some wore the Greek dress : as Scipio in Sicily, and 
the emperor Claudius at Naples.^ 

The toga ^ was a loose,^ flowing,^" 
woollen robe, Avhich covered the 
whole body, round and close at the 
bottom,^^ but open at the top down 
to the girdle,^- without sleeves ; so 
that the right arm was at liberty, 
and the left supported a part 
{lacinia, a flap or lappet) of the 
toga, wliich was drawn up ^^ and 
thrown back over the left shoulder, 
and thus formed what Avas called 
SINUS, a fold or cavity upon the 
breast, in Avhich things might be 
carried, and with which the face 
or head might be covered.^* Hence 
Fabius, the Roman ambassador, 
when he denounced war in the 
senate of Carthage, is said to have 
poured out,^^ or shaken out the lap 
of his toga."^^ Dionysius says the 
form of the toga was semicircular.^^ 
The toga in later times had several 
folds, but anciently few or none.^^ These folds, when collected 
in a knot or centre, were called umbo, which is put for the toga 




1 Suet. Aug. 40. 98. 
Jul. SO. Claud. 15. 
Plin. Kp, V. 11. Virg. 
Mn. i. Ji86 

2 Cic. Rose. Am. 46. 
Ver. i. 29. ii. 62. Or. i. 
21. iii. 11. Rab. Post. 
9. Phil V. 5. viii. 9. 
Sail. Jug, 21. Tac. 
Kist, ii. 20. Suet. Cxs. 



3 see p. 290. 

4 Liv. iii. 10. 50.iv. 10. 
Cic. Ca3C. 15. Off. i.23. 
Pis. 3. 

5 ibi, sc. rure, nulla ne- 
cessitas togae, Plin. 
Ep. V. 6. 

Plin. vi. 30. 

7 Cic. Rub r. 10. Tac. 



Ann. ii. 59. Dio. Ixvi. 
6. 

8 a tegendo, quod cor- 
pus tegat, Var. 

9 laxa. 

10 fluitans. 

11 ab imo. 

12 ad cincturam. 

13 subducebatiir. 

14 Piin. XV. 18. Gell. 



\v. 18. Suet. Jul. 82. 

Liv. viii. 9. 
15 siiium effudisse, Liv. 

xxi. 18. 
Itj excussisse togce gre- 

miuin, Flor. ii. C. 
17 iii. 61. 

IS veteribusnuUi sinus, 
•Ouinct. xi. 3. 



THK ROMAN DRESS. 



!51 



itself.^ When a person did any Avovk, he tucked up ^ his toga^ 
and girded it^ round him : hence accingere se operi yeladopus^ 
or oftener, in the passive, accingi, to prepare, to make ready.^ 

The toga of the rich and noble was finer and larger ^ than of 
the less wealthy. A new toga was called pexa, Avhen old and 
thread-bare, trita.^ The Romans were at great pains to adjust ^ 
the toga, that it might sit properly,^ and not draggle.^ 

The form of the toga w as different at different times. The 
Romans at first had no other dress. It was then strait ^" and 
close ; it covered the arms, and came down to the feet. 

The toga was at first worn by women as well as men. But 
afterwards matrons wore a different robe, called stola, with a 
broad border or friiige,^^ called instita, reaching to the feet, 
(whence instita is put for matrona,) and also, as some say, 
when they went abroad, a loose outer robe thrown over the 
stola like a surtout, a mantle, or cloak, called palla, ov peplus}^ 
But the old scholiast on Horace makes palla here the same ^vith 
instita, and calls it perip odium and tunic(B pallium. Some think 
that this fringe constituted the only distinction between the 
stola and toga. It is certain, however, that the outer robe of a 
woman was called palla. ^^ 




Matron in Stola. 




Woman in Palla. 



1 Virg. iEn. 
Pers. V. 33. 



6 Hor. Epod. iv. ( 
Epist. i. 18. 30. U. 
Mart. ii. 44. 53. 

7 componere. 

8 ne impar dissideret. 

9 nee defluer»;t, Ho 



Sat. ii. 3. 77, i. 3. 31. 
Epist. i. 1. 95. Qnin. 
xi. 3. Macrob. Sat.ii.9. 

10 arcta, Gell. vii. 12. 

11 limbus. 

12 Hor. Sat. i. 2. 29. 99. 



Cv. Art. Am. i. 32. 
TibuL i. 7. 74. 
13 Virg..'En.i.C48. xi. 
576. quod palam et fo- 
ris gerebalur, V;.r, \j, 
L. iv. 30. 



2g2 



352 



ROMAN ANTIQUITIES. 



Courtezans, and women condemned foi' adultery, Avere not 
permitted to wear the stola ; hence called togate, and the 
modesty of matrons is called stolatus pudor} 

There Avas a fine robe of a circular form worn by women, 
called CYCLAs, -adisr' 

None but Roman citizens were permitted to wear the toga; 
and banished persons were prohibited the use of it. Hence 
toga is put for the dignity of a Roman.^ 

The colour of the toga Avas white, and on festivals they 
usually had one ncAvly cleaned; hence they were said fostos (sc. 
dies) ALBATi celebrare, to celebrate their festival days clothed in 
white.* Candidates for office Avore a toga Avhitened by the fuller, 
TOGA CANDIDA.^ TIic toga in mourning- was of a black or dai'k 
colour, TOGA PULLA vcl atru ; hence those in mourning Avei'e 
called PULLATi, or atrati.*' But those Avere also called pullati 
Avho Avore a great-coat ^ instead of the toga, or a mean ragged 
dress,^ as the vulgar or poor people,'^ 

The mourning robe of women was called ricinium, vel -nus, 
vel RiCA,io which covered the head and shoulders, or mavortes, 
-IS, vel -TA. They seem to have 
had several of these above one ano- 
ther, that they might throAV them 
into the funeral piles of their 
husbands and friends. Tiie Twelve 
Tables restricted the number to 
three.^^ 

The Romans seldom or never 
appeared at a feast in mourning, 
nor at the public spectacles, nor at 
festivals and sacrifices.^^ 

At entertainments the more 
Avealthy Romans laid aside the 
toga, and put on a particular robe, 
called SYNTHESIS, Avhich they Avore 
all the time of the saturnalia, be- 
cause then they Avere continually 
feasting. ^"^ Nero Avore it^* in com- 
mon. 

Magistrates and certain priests 
Avore a toga bordered with purple,^^ 
hence called toga pr.etexta ; as 




1 Hor. Sat. i. 2. 82. 4 Ov. Trist. v. 5. 7. 

Jav. ii. 70. Mart. ii. Hor. Sat. ii. 2. 60. 

39. vi. 64. X. 5i Cic. 5 see p. 71. 

Pnil. 2. 18. Mart. i. aO. 6 Suet. Aug. 44. Juv. 



2 Juv. vi. 25S. Suet. 
Cal. 52. 

3 Plin. Ep. iv. 11. Hor. 
Od. iii. 5. 10. 



213. Cic. Vat. 12. 

7 lacerna. 

8 Suet. Aug. 40. Plin. 
Ep. vii. 17. 

9 pullatus circulus, vel 



ba pullata, Ouinc. 
12. vi. 4. 



Hor. ii. 2. 60. Pers. ii. 
40. 



lU quod post tergum re- 13 Mart, iu 46. iv. 66. 
V. 80. xiv, 1. 141. Sen. 
Ep. 18. 
14 synthesina, sc. ves- 



ii. 23. Serv. 
. i. 268, Isid. 



liceretur 

11 CiG. U 
Virg.iEi 
xix. 25. 

12 Cin. \rat. 12. Mart. 
iv. 2. Ov. F. i. V). 



lis, Su-t. 51. 
15 limbo purpureo ( 
cuindata. 



THE ROMAN DRESS. 



353 



the superior magistrates/ the pontifices, the augurs, the dece3i- 
viBi sacris facmndis, &c., and even private persons when they 
exhibited games.- 

Generals when they triumphed wore an embroidered toga, 
called piCTA vel palmata.^ 

Young men, till they were seventeen years of age, and young- 
women, till they v. ere married, also wore a gown bordered 
with purple, toga, pr-etexta, whence they were called pr.etex- 
tati.* Hence amicitia prcBtextata, i. e. a teneris annis, friend- 
ship formed in youth ; but verba prcBtextata is put for ohscxna^ 
and mores pr(Btextati for impvdici vel corrupti.^ 

Under the emperors the toga was in a great measure disused, 
unless by clients when they waited ^ on their patrons, and 
orators, hence called togati, enrobed.^ 

Boys likewise wore 
a hollow golden ball or 
boss (aurea bulla),^ 
iO\^ x»=^.>--^ . which hung from the 
neck on the breast; as 
some think in the shape 
of a heart, to prompt 
them to wisdom ; ac- 
cording to others round, 
with the figure of a heart engraved on it.^ The sons of freed- 
men and poorer citizens used only a leathern boss." Bosses 
were also used as an ornament for belts or girdles.^- 

Young men usually, when they had completed the seventeenth 
year of their age, laid aside ^^ the toga prsBtexta, and put on ^* 
the manly gown (toga virilis), called toga pura, because it was 
purely white ; and libera, because they were then freed from 
the restraint of masters, and allowed greater liberty.^^ 

The ceremony of changing the toga was performed^'' with 
great solenmity before the images of the lares, to whom the 
bulla Avas consecrated,^^ sometimes in the Capitol, or they imme- 
diately went thither, or to some temple^ to pay their devotions 
to the gods.^^ 




1 Cic. Red. Sen. 5, Li V. 
xxxiv. 7. Juv. X. 99. 

2 Cic. Sexf. 69. Pis. 4. 
Liv. xxvii. 39, &c. 

3 Mart. vii. 2. 7- 

4 Liv. xxii, 57. xxxiv. 
7. Cic. Ver. i. 'J4. Cat. 
ii. 2. Mur. 5. Prop. iv. 
VI. 33. Suet. Aug. 44. 
94. Mart. x. 2U. 

5 Suet. Vesp. 22. quod 
n'ibentibus, depnsitis 
praetextis, a multitu- 
oine pueroiiim obscoe- 
iia clamarentur,Festus, 
Qoll. ix. 10. Macrob. 
.■>al. ii. 1. 

6 Juv. ii, 170. 



7 offirium faciebar.t. 

8 Suet. Aug. 60. Mart. 
i. 109. ii. 57. x. 74. 3. 
SchoL Juv. X. 45. Sen. 
Const 9. Tac.An. xi.7. 

9 The bulla was hung 
on the left breast of the 
child, that, at the sight 
of it, they might con- 
sider they were men, 
if they had a wise 
heart; and be likewise 
no inconsiderable in- 
citement to courage; 
the purple of the gown 
or preelexta was also 
to remind them of the 
moJssty '.vhich became 

2q 



them at that age. As 
for the w*)nl bulla, 
some derive it from 
/3ofA77, consilium, or 
counsel ; some from 
iSovXauai, vellf, or to 
will . some from 3a\- 
Xeiv, by a figure tal\en 
from archers, intimat- 
ing the good purpose, 
as a mark, that youth 
should aim at,— Sen™ 
house. 

1(1 Cic. Ver. i. 58. Asc. 
locLiv. xxvi.6. Plaut. 
Kud. iv. 4. 127. Ma- 
crob. Sat. i. 6. 

11 bulla scot tea, vel 



signum de paupcre lo- 
ro, Juv. v. 165. Pliii, 
x-xxiii. 1. 

12 Virg. iEn. xii. 942. 

13 ponebantvel depone- 
bant. 

14 sumebant vel indue- 
bant. 

15 Cic. Att. v. 2(1 ix. 
19. Uv. Trist. iv. 10. 
28. Fast. iii. 77T.Pers. 
V. 30. 

16 togamutabatur.Hiir. 
Od. i. 36. 9. 

17 laribus donata pe- 
ppiidit, Prop. iv. 132. 

18 Val. Max. v. 4. 4. 
Suet. Giaud. 2. 



354? ROMAN ANTIQUITIES. 

The usual time of the year for assuming the toga virilis was 
at the feasts of Bacchus in March.^ 

Then the young man was conducted by his father or princi- 
pal relation to the forum, accompanied by his friends (whose 
attendance was called officium solenne tog/e virilis, the cere- 
mony of taking up the manly robe), and there recommended to 
some eminent orator, whom he should study to imitate,^ whence 
he was said forum attingere vel in forum venire^ when he began 
to attend to public business.^ This was called dies togcB virilis^ 
or dies tirocinii, and the conducting of one to the forum, tiro- 
cinium ; ^ the young men were called tirones, young or raw 
soldiers, because then they first began to serve in the army. 
Hence tiro is put for a learner or novice ; ponere tirocinium, 
to lay aside the character of a learner, and give a proof of one's 
parts ; to be past his noviciate.^ 

When all the formalities of this day were finished, the friends 
and dependants of the family were invited to a feast, and small 
presents distributed among them, called sportul.e. The em- 
perors on that occasion used to give a largess to the people, 
coNGiARiuM, so called from congius, a measure of liquids.^ 

Servius appointed, that those who assumed tlie toga virilis 
should send a certain coin to the temple of Youth.'' 

Parents and guardians permitted young men to assume ^ the 
toga virilis, sooner or later than the age of seventeen, as they 
judged proper ; under the emperors, when they had completed 
the fourteenth year.^ Before this they were considered as part 
of the family,^" afterwards of the state.^^ 

Young men of rank, after putting on the toga virilis, com- 
monly lived in a separate house from their parents. ^^ It was, 
however, customary for them, as a mark of modesty, during the 
first whole year, to keep ^^ their right arm within the toga, and 
in their exercises in the Campus Martins never to expose them- 
selves quite naked, as men come to maturity sometimes did.^* 

The ancient Romans had no other clothing but the toga ; ^^ in 
imitation of whom, Cato used often to go dressed in this man- 
ner, and sometimes even to sit on the tribunal, when praetor.^'' 
Hence exigua toga Catonis^ the scanty gown of Cato ; Jdrtay'^ 
because it was strait ^'^ and coarse.^^ Nor did candidates for 
offices wear any thing but the toga.^" 



1 IJberalibus, xii. Kal. 


4 Suet. Auc. 26. 66. 


9 Cic. Att. vi. 1. Suet. 


16 campestri sub toga 


Apr. Cic. Att. vi. 1. 


CaL 10. 15'. Claud. 2. 


Aug. 8. Cal. 10. Cla. 


cinctus, Asc, Cic.A''ul. 


Ov. Fiii. 771. 


Tib. 54. 


43. Ner. 7. Tac. Ann. 


Max. iii. tl, 7. 


2 Cic. Att. ix. a2. Am. 


5 "Cic. Phil. xi. \o. Or. 


xii. 41. xiii. 15. 


17 Hor. Ep. i. 19. 13. 


1. Suet. Aug. 26.Ner. 


i. 50. Fam. vii. 3. Liv. 


10 pars domus. 


Luc. ii. 3S6. 


7. Tib. 54. Claud. 2. 


xl. 35. xlv. 37. Suet. 


11 reipublicaB,Tac.Mor. 


IS arcta. 


Plin. Ep. i. 9. Tac. Or. 


Ner. 7. 


Germ. 13. 


19 crassa vel pinguis, 
Hor. Sat. i. 3. is.Juv. 


34. 


6 Plin. Ep.x. 117, 118. 


12 Suet. Tib. 15. Dom. 


3 forensia stipendia au- 
spicabatur. Sen. Co.it. 


Suet. Tib. 54. lac. An. 


2. 


ix. 23. Mart. iv. 19. 


iii. 29. 


13 cohibere. 


20 see p. 72. 


V. 6. Cic. F«m. v. 8. 


7 Diony. iv. 15. 


14 Cic. Ccel. h. 




xi.i. iO. XV. 16. 


8 dabanU 


15 Gell. vii. Vi. 





THE ROMAN DRESS. 



355 




The Romans afterwards wore below 
the toga a white woollen vest called 
TUNICA, Avhich came down a little below 
the knees before, and to the middle of 
the legs behind,^ at first without sleeves. 
Tunics with sleeves,^ or reaching to the 
ancles,^ were reckoned effeminate.* 
But under the emperors these came to 
be used with fringes at the hands," from 
the example of Caesar, longer or shorter 
according to fancy. Those who wore 
them were said to be manuleati.'' 

The tunic was fastened by a girdle or 
belt^ about the waist to keep it tight, 
which also served as a purse j*^ in Avhich 
they kept their money ; hence incinctus tunicam mercator^ 
the merchant with his tunic girt. The purse commonly hung 
from the neck, and was said decollasse, when it Avas taken off; 
hence decollare, to deceive.^ 

It was also thought effeminate to appear abroad with the 
tunic slackly or carelessly girded : hence the saying of Sylla 
concerning Caesar to the Optimates, who interceded for his 
life, UT MALE pr.ecingtum puerum caverent, to be upon their 
guard against that loose-girt boy. For this also Mcecenas was 
blamed. 1" Hence cinctus, pr(Bcinctus, and succinctuSy are put for 
industrius, expeditus vel gnavus, dihgent, active, clever, because 
they used to gird the tunic when at work,^^ and discinctus for 
iners, mollis, ignavus ; thus, discinctus nepos, a dissolute spend- 
thrift ; discincti Afri, effeminate, or simply ungirt, for the Afri- 
cans did not use a girdle. ^"^ 

The Romans do not seem to have used the girdle at home or 
in private ; hence discincti ludere, i. e. domi, with their tunics 
ungirt ; discinctaque in otia natus, formed for soft repose,^^ for 
they never wore the toga at home, but an undress.^* Hence the 
toga and other things which they wore only abroad were called 
forensia, or vestitus forensis, and vestimenta forensia.^" 

The tunic was worn by Avomen as Avell as men ; but that of 
the former always came down to their feet, and covered their 
arms. They also used girdles both before and after marriage.^'' 
The Romans do not seem to have used a belt above the toga. 



1 Quin. xi. 3. 128. 

2 chirodotse vel tunicas 
manicatae. 

3 takires. 

4 Gic. Cat. ii. 10. Virg. 
iEii. ix. 616. Gell. vii. 
12. 

5 ad manus firabriatas. 

6 Suet. Jul. 45.Cal. 52. 
Hor. Sat.i,2.25.Pioi>. 
iv. 2. 28. 



7 cingulura, cinctus, 
-Us, zona vel balteus. 

8 pro marsupio vel ciu- 
mena. 

9 Gell. XV. 2. Plaut. 
Merc. V. 2. 81. True, 
iii. 2. 7. Cap. iii. 1. 37. 
Suet. Vit. 16. Hor. Kp. 
ii. 2. 10. Ov. F. V. 673. 

10 Suet. Jul. 46. Dio. 
xliii. 43. Sen. Ep. 14. 



11 Hor. Sat. i. 5, 6. ii. 73. Vit. 8. Cic. Fin. ii. 
6. 107-. 8. 10. Ov. Met. 24. PI in. Ep. v. 6. f. 
vi. 59. 15 Columel. xii. '15. 5. 

12 Hor. Epod. i. 34. Suet. Aug. 74. Cal. 17. 
Pers. iii. 31.Virg. .ain. 16 Festus in cingulum, 
viii. 724. Sil. iii. 236. Mart. xiv. 151. Ov. 



PluuU Poen. v. 2. 48. 

13 Hor. Sat. ii. 1. 73. 
Ov. Am. i. 9. 41. 

14 vestis domestica, vel 
vestiinenta, SueU .'Vug, 



Am. i. 7. 46. Juv. vi. 
445. Hor. Sut. i. 2. 95 



356 ROMAN ANTIQUITIES. 

But this point is strongly contested. Young men, when they 
assumed the toga virilis, and women, when they were married, 
received from their parents a tunic wrought in a particular 
manner, called tunica recta, or regilla.^ 

The senators had a broad stripe of purple (or rather two 
stripes, fascice vel plagulfs) sewed on the breast of their tunic, 
called latus clavus,^ which is sometimes put for the tunic itself, 
or the dignity of a senator ; the equites a narrow stripe, angus- 
Tus CLAVus,^ called also pauper clavus.* 

Augustus granted to the sons of senators the right of wearing 
the latus clavus after they assumed the toga virilis, and made 
them tribunes and prfefects in the army ; hence called tribuni 
ET PR.^FECTi laticlavii. The tribunes chosen from the equites 
were called anqusticlavii. They seem to have assumed the 
toga virilis and latus clavus on the same day.^ 

Generals, in a triumph, wore, wath the toga picta an em- 
broidered tunic (tunica palmata), called also tunica Jovis, 
because the image of that god in the Capitol was clothed with 
it. Tunics of this kind used to be sent, by the senate, to 
foreign kings as a present.^ 

The poor people, who could not purchase a toga, wore 
nothing but a tunic ; hence (tailed tunicatus popellus, or tuni- 
cati. Foreigners at Rome seem also to have used the same 
dress (hence homo tunicatus is put for a Carthaginian), and 
slaves, like gladiators.^ In the country, persons of fortune and 
rank used only the tunic. In winter they wore more than one 
tunic. Augustus used four.^ 

Under the tunic, the Romans wore another woollen covering 
next the skin, like our shirt, called indusium, or subucula,'^ and 
by later writers, interula and camisia. Linen clothes^" were not 
used by the ancient Romans, and are seldom mentioned in the 
classics. The use of linen was introduced, under the emperors, 
from Egypt ; whence sindon vel vestes Byssince^ fine linen. 
Girls wore a linen vest, or shift, called supparum vel -us}^ 

The Romans, in later ages, wore above the toga a kind of 
great-coat, called lacerna, open before, and fastened with 
clasps, or buckles (fibule, which were much used to fasten all 
the different parts of dress, except the toga), especially at the 
spectacles,^^ to screen them from the weather, with a covering 
for the head and shoulders,^" called cucullus. They used to lay 

1 Festus, Plin. viii. 4S. purpurae, see p. 6. & 7 Hor.Ep. i. 7. 65. Cic. 11 Plin. Prasf. Plaut. 
s. 74. 21. RuU. ii. 34. Plunt. Puid. i. 2. 91. Luc ii. 

2 Var. L. L. viii. 47. 5 Suet. Aug. 38. 0th. Poen, v. 3. 2. Amp. i. alio. Fost. 

Hor. Sat. i. 6. 28. Ov. 10. Galb. 10. Ner. 26. 1. 213. Sen. Brev. Vit. 12 Juv. ix. 29. Virg. 

Trist. iv. 10. 29. 35. Uomit. 10. Plin. En. 12. Juv. ii. US. .(En. iv. 139. Ov. Met. 

3 Suet. Jul. 45. Tib. 35. viii. 23. 8 Juv. iii. 179. Suet. viii. 318. Mart. xiv. 
Claud. 21. Vesp. 2. 4. 6 Liv. x. 7. xxvii. 4. Aug. 82. 137. 

Veil. ii. 88. XXX. 15. xxxill.Murt. 9 Hor. Ep. i. 1. 05. 13 capitium, quod capit 

4 Stat. Silv. iv. 5. 42. vii. 1. Plin. ix 36. s. 10 vesles linciE, Plin, pectus, Var. L. h. iv. 
V. 2, 17, arctuiu lumen 60. Juv. x. 38. xii. 6. yO. 



THE BOMAN DRESS. 357 

aside the lacema when the emperor entered. It was at first 
used only in the army/ but afterwards also in the city. 

During the civil wars, when the toga began to be disused, 
the lacerna came to be worn in place of it to such a degree, 
that Augustus one day seeing, from his tribunal, a number of 
citizens in the assembly dressed in the lacerna,^ which was 
commonly of a dark colour, repeated with indignation from 
Virgil, 

Romanes rerum domiiios gentemque togatam ! Mn. i. 282. 

The subject world shall Rome's dominion 0"wn, 

And, prostrate, shall adore the nation of the go■^^^l ! Bryden. 

and gave orders to the sediles not to allow any one to appear in 
the forum or circus in that dress.^ It was only used by the 
men, and at first was thought unbecoming in the city. It was 
sometimes of various colours and texture.* 

Similar to the lacerna Avas the i,.i;NA,^ a Grecian robe or man- 
tle thrown over the pallium.^ 

The Romans had another kind of great-coat or surtout, 
resembling the lacerna, but shorter and straiter, called 
PENULA, which Avas Avorn above the tunic,^ having likewise a 
hood,^ used chiefly on journeys and in the army, also in the 
city,^ sometimes covered with a rough pile, or hair, for the 
sake of warmth, called gausapa, sing, et -plur. vel -e, or gausa- 
pina poenula, of various colours, and common to men and 
women, sometimes made of skins, scortea.-^" 

The military robe of the Romans was called sagum, an open 
woollen garment, Avhich Avas draAvn over the other clothes, and 
fastened before Avith clasps ; in dangerous conjunctures Avorn 
also in the city, by all except those of consular dignity, as in 
the Italic Avar for two years. Distento sago irnpositum in 
sublime jactare, to toss in a blanket.^^ 

The Romans Avore neither stockings nor breeches, but used 
sometimes to Avrap their legs and thighs Avith pieces of cloth 
(fasci-e, vel -iol(B, fillets, bands, or rollers), named, from the 
parts which they covered, tibialia and feminalia ov jfemoralia,^'^ 
similar to Avhat are mentioned, Exod. xxviii. 42, Levit. vi. 10. 
xvi. 4, Ezek. xliv. 18; used first, probably, by persons in bad 
health, afterwards by the delicate and effeminate,^'' who likewise 
had mufflers to keep the throat and neck Avarni, called focalia 

1 Juv. vl 118. 329. ix. 28. Mart. ii. 19. 78. Son. Ep. 87.N. O. 72, 73. Paterc. ii. 16. 
Mart. xi. 99. Suet, b ;t'*aiv,. W. 6. Suet= Cic. 52. Mart. i. 4. 7. 

Claud. 6 Paterc. ii. 6 Serv. Virg. JEn. v. Lamp. Aleji. Sev. S7. 12 i. e. tegumenta libia- 

80. Ov. Fast. ii. 745. 262. Fest. Mart. xii. 10 Petr. 2S. Ov. Art rum et femorum, Suet. 

Prop. iii. 10. 7. 36. xiv. VS. 136. Am. ii. 300. Pers. v. Aue. 83. 

2 puUati vel lacernati. 7 Suet. Ner. 48. 46. Mart, vi. 59. xiv. 13 Cic. Brut. 60. Att. 

3 Mart. xiv. 129. Suel. 8 caput vel catiitium, 130. 115. 147. Fest. ii. 3. Har. Resp. 21. 
Aug. 40. Plin.xxiv. 15. 11 SiiPt. Aug. 26. 0th. Hor. Sat. ii. 3. 255. 

4 Schol. .Tuv. i. 62. Cir. 9 Cic. Att. xiii. 33. Mil. 2. Sil xvii. 531. Cic. Ouinct.xi.S.Hl.SueV 
Phil. ii. 30. Juv. '. 27. 10. Sext. 36. Juv. v. Pliil. viii. 11. L,iv. Ep. Aug. 82. 



35S 



ROMAN ANTIQUITIES. 



vel focale, sing.,^ used chiefly by orators. Soine used a hand- 
kerchief (sudarium) for that purpose.- 

Women used ornaments round their legs,^ called periscelides.* 
The Romans had various coverings for the feet/ but chiefly 
of two kinds. The one (calceus, vTro^Yiy^u, a shoe), covered the 
whole foot, somewhat like our shoes, and was tied above with a 
Jatchet or lace, a point or string.'' The other (solea, axuhccTiiov, 
a slipper or sandal) ^ covered only the sole of the foot, and was 





Sole^. 
fastened on with leathern thongs or strings,^ hence called vin- 
cuLA. Of the latter kind there were various sorts : crepid.!e, 
vel -DULE, GALLic.E, &c, ; and those who wore them were said to 
be discalceali (auvTroortroi) pedibus intectis, unshod, with feet 
uncovered.'-' 

The Greeks wore a kind of shoes called ph.ecasia.^'' 

The calcei were always worn with the toga when a person 
went abroad ; " whence he put them off,^^ and put on ^^ slippers, 
when he went on a journey. Caligula permitted those who 
chose, to wear slippers in the theatre, as he himself did in 
public.^* 

Slippers (solece) were used at feasts, but they put them oft 
when about to eat.^^ It was esteemed effeminate for a man to 
appear in public in slippers.^'' Slippers Avere worn by women 
in public.^^ 

'['he shoes of senators were of a black colour, and came up to 
the middle of their legs. They had a golden or silver crescent 
(luna vel lunula, i. e. litera C.) on the top of the foot; hence the 
shoe is called lunata pellis, and the foot lunata planta. This 



I a faucibus, Mart. iv. 
4l.vi.41.xiv. 142. 
2Gell.xi.9.Sust.Ner.51. 

3 ornameiila circa cru- 
ra. 

4 Hor. Ep. i. 17. 56. 

5 calceamenta vel te!!U- 
meiita pedum, Cic. 
Tusc. V. 32. 

6 corrigia, iorumvel li- 



Sula, Cic. Div, ii, 40. 
Mart. ii. 29. 57. 

7 quod solo pedis subji- 
ciatur. Fest 

8 teretibus habeiiis vel 
obstrinillis viiicta.Gel. 
xiii. 21. amenlis, Piin. 
xxxiv. 6. s. 14 

9 Tac. Ann. ii. 5'.!. Ov. 
F. ii. 324. Cic. /"lab. 



Post. 27. Phil. ii. 30. 14 Cic. Mil. 10. Dio- 



Hor. Sat. i. 3. 127, Gel. 
xiii. 21, &c. 

10 .Sen. Ben. vii. 21. 

11 Plin.Ep.vii.3. Suet. 
Aug. 73. 

12 calceoset vestinienta 
mutavit. 

13 induebat vel iiiduce- 
bat. 



ix. 7. Suet, bi 
15 Plaut. True. ii. 4.13. 

Hor. Sat. ii. S. 77. Ep. 

). 13. 15. Mart. iii. 50. 
JG solpatus, Cic- Har. 

Resp. 21. Ver. v. 33. 

Pis. 6. Liv. xxix. 19. 

Si:et. Cal. 32. 
17 Plaut. Truo. ii. 8. 



THE ROMAN DRESS. 359 

seems to have been peculiar to patrician senators ; hence it is 
called PATRICIA luna.^ 

The shoes of women were generally white,^ sometimes red, 
scarlet, or purple,^ yellow,* &c,, adorned with embroidery and 
pearls, particularly the upper leathei's or upper parts.^ 

I^len's shoes were generally black; some wore them scarlet 
or red, as Julius Cffisar, and especially under the emperors, 
adorned with gold, silver, and precious stones. They were 
sometimes turned up in the point, in the form of the letter f, 
called calcei repandiJ" 

The senators are said to have used four latchets to tie their 
shoes, and plebeians only one.^ 

The people of ancient Latium wore shoes of unwrought 
leather,^ called perones, as did also the Marsi, Hernici, and 
Vestini, Avho were likewise clothed in skins,^ &c. It was long- 
before they learned the use of tanned leather (alut^e),^" Avhich 
was made of various colours. ^^ 

The poor people sometimes wore wooden shoes, ^^ which used 
to be put on persons condemned for parricide.^'^ 

Similar to these, were a kind of shoes worn by country 
people, called sculpoke.e,^^ with which they sometimes struck 
one another in the face,^^ as courtesans used to treat their lovers, ^^ 
Thus Omphale used Hercules. 

The shoes of the soldiers were called calig.e, sometimes shod 
with nails ;^' of the comedians, socci, slippers, often put for 
soleee ; of the tragedians, cothurni. ^^ 

The Romans sometimes used socks, or coverings for the feet, 
made of wool or goats' hair, called udones.^*^ 

The Romans, also, had iron shoes ^" for mules and horses, not 
fixed to the hoof with nails, as among us, but fitted to the foot, 
so that they might be occasionally put on and off*; -^ sometimes 
of silver or gold.^- 

Some think that the ancients did not use gloves ; ^^ but they 
are mentioned both by Greek and Roman writers,^^ Avith fin- 
gers,^^ and without them ; what we call mittens. 

The ancient Romans went with their heads bare,^ as we see 
from ancient coins and statues, except at sacred rites, games, 

1 Hor. Sat. i. 6. 26. xliii. 43. Plant. Bacch. Inv. ii. 50. Ner. 30. Vesp. 23. 
Juv, vii. 192. Mart i. ii 3. 97. Sen. ii. 12. 14 Cato de Re R. 59. 52 Poppeea conjux N>- 
50. II. 29. Schol. Juv. Plin. xxxvii. 2. 15 os batuebant, Plaut. ronis delicatioribus 
Stat, Siiv. V. 2. 28. _ 7 Isid. xix. 34. Sen. Gas. ii, 8. 59. jumentis suissnleas ex 

2 Ov. Art, Am. ill. 271. Tranquil. Anim. 2. 16 coinmitigare sanda- auro quoque inducrc, 

3 rubii, muUei, et pur- 8 ex corio crudn. lio caput,— to break Id, xxxiii. U, s. 49. 
purei, Pers, v. 169. 9 Virg. iEn. vii. 8S. tlie liead with a slip- Dio. Ixii, 28. 

Virg. EcL vii. 32, SLn. Juv. xiv. 195, per. Ter. Eun. v. 8. 4. 23 chirotlieca vel ma- 

1-341. l!) ex aluniine{of alum), 17 clavis sufRxa2,— see nice. 

1 lutei vel cerei, Catul. quo pelles subigeban- p. 307. 21 Horn. Odys. 24. Plin. 

''»»9' tur, ut moli lores fie- Id see p. 291. Ep. iii. 5. 

5 crepidarum obstra- rent. 19 Mart. xiv. 140. 25 dieit;..lia, -urn Va r. 

gula, Plin, ix. 35. s. 56, 1 1 Mart, v, 2D. vii. 34. 5iO soles ferre*. R. R. i, 55. 

t) Gic. Nat. B. i. 30. 12 soieae lic;iie<E. 21 Catul. xviii. 26. Plin, 26 ca pile a pert o, 

.Mart, li. 29. S. D,o. 13 .\uct. Her. i. 13. xxx. 11. s. 49. Suet, 



360 ROMAN ANTIQUITIES. 

festivals, on journeys, and in Avar. Hence, of all the honoui-s 
decreed to Caesar by the senate, he is said to have been chiefly 
pleased with that of always wearing- a laurel crown, because it 
covered his baldness, which was reckoned a deformity among 
the Romans, as well as among the Jews.^ 

They used, however, in the city, as a screen from the heat or 
wind, to throw over their head the lappet of their gown,~ which 
they took off Avhen they met any one to whom they were bound 
to show respect, as the consuls, &c.^ 

The Romans veiled their heads at all sacred rites, but those 
of Saturn ; in cases of sudden and extreme danger ; in grief or 
despair, as when one was about to throw himself into a river, or 
the like.* Thus Caesar, when assassinated in the senate-house ; 
Pompey, when slain in Egypt; Crassus, when defeated by the 
Parthians ; Appius, when he fled from the forum ; and when 
criminals were executed.^ j 

At games and festivals the Romans wore a woollen cap or j 
bonnet, (pileus, vel -nm,) ** which was also worn by slaves, hence ' 
called piLEATi, when made free or sold,^ whence pileus is put for \ 
liberty, likewise by the old and sickly.^ 

The Romans on journeys used a round cap, like a helmet, I 
(galerus, vel -um,^ or a broad-brimmed hat (petasus). Hence j 
petasatus, prepared for a journey. Caligula permitted the use 
of a hat similar to this in the theatre, as a screen from the j 
heat.^ I 

The women used to dress their hair in the form of a helmet, i 
or galei~us, mixing^ false hair ^" with it. So likewise warriors, ^ 
who sometimes also used a cap of unwrought leather (cudo j 
vel -on)}^ ' 

The head-dress of women, as well as their other attire, was ■ 
different at different periods. At first it was very simple. They 
seldom w ent abroad ; and, when they did, they almost always j 
had their faces veiled. But when riches and luxury increased, ; 
dress became with many the chief object of attention ; hence a ; 
woman's toilette and ornaments were called mundus muliebris, « 
her Avorld.^- | 

They anointed their hair with the richest perfumes,^^ and I 
sometimes painted it,^* made it appear a bright yellow, with a j 
certain composition or Avash, a lixivium or ley,^^ but never used [ 

1 2 Kings, ii.23. Suet. u. 3. 37. 9 Virg. Mn, A'ii. 688. Art. Am. iii. 163, com- j, 

Jul. 45. Dotnit.18. Ov. 5 Suet. Caes. 82. Dio. Suet. Aug. 82. Cic am rutibbant vel in- .< 

Art. Am. iii. 250. Tac. xlii. 4. Plut. Liv. i. 26. Fam. xv. 17.Dio.lix. 7. cendebant. i 

An. iv. 57. Juv. iv. 38. iii. 49. Sil. xi. 25'). 10 crines ficti vel suppo- 15 lixivo vel -va.cinere ' 

Si laciniam vel sinum to- 6 Hor. Kp. i. 13. 1.5. siti. vel cinere lixivii, A''al. 

gap, in caput rejicere. Mart. xi. 7. xiv. 1. 11 Schol. Juv. vi. 120. Max. ii. 1. 5, Plin. 

3 Plut. Pump. Qcaest. Sutt. Ner. 57. Sen. Sil. i. 404. viii. 494. xir. 20. xxviii. 12. s. 

Rom. 10, see p. 93. Ep. 18. Liv. xxiv. 16. xvi. 59. 51. spuma Batava vel 

■1 Serv. Virg. jEn. iii. Plant. Amph. i. 303. 12 Liv. xxxiv. 7. caustica, i. e. sapone, 

405. Liv. i. 26. iv. 12. 7 Gell. vii. 8. see p. 29. 13 Ov. Met. v. S3. with soap, Mart. viii. 

Plaut. Most. ii. 1. 77. 8 Suet. Tib- 4. Mart. ii. Tibul. iii. 428. 33. 20. xiv. ^6. Suet. I 

Petr. 7. 30. Hor. Sat. 48,4. Ov.Art.Am 1733, 14 Tib. i. 9. 43. Ov. Gal. 47. 



THE ROMAN DRESS, 



361 



powder, which is a very late invention; first introduced in 
France about the year 151/3. 

The Roman women frizzled or curled their hair with hot 
irons/ and sometimes raised it to a great height by rows and 
stories of curls.^ Hence altum caliendruji,^ the lofty pile of 
false hair; suggestus, vel -um covkb, as a building; coma in 
gradus format'a, into stories;'^ Jlexus cincinnoruin vel annulorum^ 
the turning- of the locks or curls ; fimhrice vel cirri, the extre- 
mities or ends of the curls.^ The locks seem to have been fixed 
by hair-pins.^ 

The slaves who assisted in frizzling and adjusting the hair ■ 
were called ciniflones or cinerarii,^ who were in danger of 
punishment if a single lock was improperly placed,^ the whip ^" 
was presently applied, or the mirror " (speculum), made of 




1 calido ferro vel cala- 
Diistris vibrabant, cris- 
pabant. vel intorque- 
Dant, Virg. ^n. xii. 
100. Cic. Brut. 75; 
hence coma calamis- 
trata, frizzled hair, Cic. 
Sext. 8. ; homo cala- 
mistratus, by way of 
confenipt,Cic. post red. 
Sen. e.Plaut. Asin.iii. 
3.37. 



2 Juv. vi. 501. 

3 i. e. capillitium adul- 
terinuiD vel capilla- 
mentum, Suet. Gal. 11. 
in galeri vel galeae nio- 
dum suggestum, Tert. 
Cult. Foem. 7. 

4 Hor. Sat. i. 8. 48. 
Stat. Sylv. i, 2. IH. 
Suet. Ner. 51. Quinct. 

5 Cic. Pis. 11. Jii/. 



xiii. 165. 

6 crinalis acns, Prop, 
iii. 9. S3. Dio. li. 14. 

7 in crine componendo. 

8 Hor. Sat. i. 2. 98. 

9 si unus de toto pecca- 
verat orbe comarum 
annulus, incerta non 
bene fixus acu. 

10 laurea, i. e. flagrum 
vel scntica de pere 
tau:ino. 



11 The above cut re- 
presents two of the 
most important articles 
of a lady's toilet table ; 
her mirrors and a box 
of pins. The former 
were made usually of 
steel, but sometimes of 
glass; the latter we 
are told by Pliny, 
ixxvi. 36. were brought 
from SiJon. 



2h 



36i 



ROMAN ANTrOUITIES. 



polished brass or steel, of tin or silver, was aimed at the head 
of the offender. A number of females attended, who did no- 
thing but give directions.^ Every woman of fashion had at 
least one female hair-dresser.- 

The hair was adorned with gold, and pearls, and precious 
stones,'^ sometimes with crowns or garlands, and chaplets of 
flowers,* bound with fillets or ribands of various colours. 

The head-dress and ribands of matrons were different from 
those of virgins.'' Ribands (vitt.e) seem to have been peculiar 
to modest women ;^ and, joined with the stola, were the badge 
of matrons.^ 

Immodest women used to cover their heads with mitres, 
(mitri- vel mitellcB),^ 

Mitres Avere likewise worn by men, although esteemed effe- 
minate; ^'^ and what was still more so, coverings for the cheeks, 
tied with bands ^^ under the chin.^^ 

An embroidered net or caul ^^ was used for enclosing the hair 
behind, called vesica from its thinness.^* 

Women used various cosmetics,^^ and washes or wash-balls,'^ to 
improve their colour.^^ They covered their face with a thick 
paste,**^ which they wore at home.^" 

Poppaea, the wife of Nero, invented a sort of pomatwn or 
ointment to preserve her beauty, called from her name pop- 
P-EANUM, made of asses' milk, in which she used also to bathe. 
Five hundred asses are said to have been daily milked for this 
purpose : and when she was banished from Rome, fifty asses 
attended her.-" Some men imitated the women in daubing 
their faces ; Otho is reported to have done the same.-^ Pumice- 
stones were used to smooth the skin.^^ 

Paint (fucus) was used by the Roman women as early as the 
days of Plautus ; ceruse or white lead {cerussa), or chalk {creta), 
to whiten the skin, and vermilion {minium purpurissiim vel 
rubrica) to make it red. (Hence, fucatce^ cerussatcB, cre- 
tat(Bj et minionatce^ painted,) in which also the men imitated 
them.23 

The women used a certain plaster Avhich took off the small 
hairs from their cheek; or they pulled them out by the root"^ 



1 Juv. vi. 491. Plin. 
;:xxiv. 17. s. 48. Mart, 
ii. b6, 

2 ornatrix, Ov. .Am. i. 
14. 16. ii 7. 17. 23. 

3 Ov. Her. xv. 75. 
sxi. 89. Manil. v. 518. 

<« coroiiiB et serta, 
Plaut. Asin. iv. 1. 58. 

5 crinales vittae vel 
fascia:, Ov. Met. i. 477. 
iv. 6. 

6 Prop. iv.l2. 34.Virg. 
Mn. ii. J 68. 

7 hence vittaj tenus», 



insigne pudoris, Ov. 
Art. Am. i. 31.; nil 
niihi cum vitta, i. e. 
.cum muliere pudica et 
casta, Ov. Rem. Am. 
386. 

8 Ov. Trist. ii. 247. 
hence et vos, quis vit- 
tse longaque veslis ab- 
est, i. e. im pudica, Ov. 
Fast. iv. 184. 

9 Juv. iii. 66. Serv. 
Virg.iEn. iv.216. Cic. 
Re.sp. Har. 21. 

10 Cic. Habir. Post. 10. 



11 rediuiicula vel liga- 
mina. 

12 Virg. ib. & ix. 616. 
Prop. 11.29. 

IS reticulum auratum. 

14 Juv. ii. 96. Mart, 
viii. 33. 19. 

15 medicamina velleno- 
cinia, 

16 smegmata. 

17 Ov. i\led. Fac. 51. 
Sen. Helv. 16. 

18 multo pane vel tec- 
torio. 

19 Juv. vi. 460. &c. 



20 Plin. xi. 41. xxviii. 
12. s. 50. Dio. Ixii. .18. 

21 faciem pane mad i do 
lintre quotidie consu- 
evit. Suet. 0th. \>. 
Juv. ii. 107. 

22 Plin. ixxvi.21. s. 42. 

23 Piaut. Most. i. 3 lOl. 
118. True. ii. 11. 35. 
Ov. Art. Am. iii. 199. 
Hor, Ep. xii. 10. Mart. 
ii. 41. viii. 33. 17. Cic. 
Pis. 11. 

24 radicitus vellebaiil. 



THE ROMAN DRESS. 



303 




with instruments called volsell^, tweezers, 
which the men likewise did.^ The edges of 
the eye-lids and eye-brows they painted with 
a black powder or soot.^ 

When they wanted to conceal any deformity 
on the face, they used a patch (splenium vel em~ 
pla.^tt'um), sometimes like a crescent;^ also for 
mere ornament. Hence spleniatus, patched.* 
Begulus, a famous lawyer under Domitian, used 
to anoint ^ his right or left eye, and ^vear a 
Avhite patch over the right side or the left of 
his forehead, as he was to plead either for the 
plaintiff or defendant.*" 
Voiseila. The Romans took great care of their teeth 

by washing and rubbing them. When they lost them, ihey pro- 
cured artificial teeth of ivory. If loose, they bound them with 
gold.^ It is said iEsculapius first invented the pulling out of 
teeth.s 

The Roman ladies used 
ear-rings (inaures) ^ of 
pearls,^" three or four to 
each ear, sometimes of 
immense value ; ^^ (hence, 
uxor tua locupletis domus 
auribus ctnsum gerit), 
and of precious stones;*^ 
also necklaces or orna- 
ments for the neck (mo- 
nilia), made of gold and 
set with gems, which the 
men also used. But the 
ornament of tlie men was 
usually a twisted ciiain ^*^ 
or a circular plate of gold,^^ 
also a chain composed of 
rings,^^ used both by men 





1 Mart. viii. 47. ix. 2S. 
Suet. Css. 45. GiJb. 
22. 0th. la Qiiinct. i. 
6. 44. V. 9. 14. viii. 
ptoeem. 19. 

2 fuligine coUineoant, 
Tertul. Cult. Foeui. 5. 
Juv. ii. 93. Pliii. Ep. 
vi. 2. 

3 lunatum. Mart. iL 29. 
8. viii. 33. 22. 

4 Plin. Ep. vi. 2. Mart. 
X.21. 

5 circumlinere. 

6 dextrnm, si a v. pro 
petitore ; alterum, si a 
vusiiesgore esset uctu- 



rus, Plin. Ep. vi. 2. 

7 Cic. Liegg. ii 24. 
Plin. xxxi. 10. Ep. viii. 
18. Mart. i. 20. 73, ii. 
41. v. 44. xii. 23. xiv 
22. 56. Hor. Sat. i. 3 
48. 

8 dentis evulsionem, 
Cx. Nat. D. iii. 57. 

9 The hrst of these two 
cuts represents a gold 
earring, with pearl 
pendants. The second 
IS a gold breastpin, to 
which is attached a 
Bacchanalian figure, 
with a patera in on.-; 

2 H 



hand and a glass in the 
other. He is provided 
with bat's wings; and 
two belts or bands of 
grapes pass across his 
body. Thebat's wings 
symbolize the drowsi- 
ness consequent upon 
hard drinking. They 
were both found in 
the late excavations at 
Pompeii,anQ are drawn 
a<! laige as the origi- 
naH. 

10 n)'>rgarita2, baccae, 
vel uniones, Hor. Kp. 
viii, 14. Sat. ii. 3.241. 



11 Plin. ix. 35. s. 5G 
57. Sen. Ben. vii. 9 
Suet. Jul. 50 

12 Ov. Art. Am. i. 432 
Met. X. 115. 261.Virg 
JBn. i. 658. Cic. Yerr 
vl. 18. Suet. «alb. 18 
Sen. Vit. Beat, 17. 
Plin. ix. 35. 

13 lorquis, v. -es, Virg. 
JEiu vii. 351. 

Ii- circulus auri vel au- 
reus, Virg. JEn. V. 
559. 

15 catena, catella, vel 
uatcnula. 



364 ROMAN ANTIQUITIES. 

and women.^ Ornaments for the arms were called armill.i;. 
There was a female ornament called segmentum, worn only 
by matrons, which some suppose to have been a kind of neck- 
lace ; ~ but others, more properly, an embroidered riband,^ or 
a purple fringe * sewed to the clothes.^ Hence vestis segment 
tata, an embroidered robe, or having- a purple fringe.^ 

The Roman women used a broad riband round the breast 
called strophium, which served instead of a boddice or stays. 
They had a clasp, buckle, or bracelet on the left shoulder, 
called spinther or spinter.'' 

The ordinary colour of clothes in the time of the republic 
was white ; but afterwards the women used a great variety of 
colours, according to the mode, or their particular taste. '^ 

Silk '-^ was unknown to the Romans till towards the end of 
(he republic. It is frequently mentioned by writers after that 
time. The use of it was forbidden to men.^" 

Heliogabalus is said to have been the first who wore a robe' 
of pure silk,^' before that time it used to be mixed with some 
other stufT.^^ The silk, which had been closely woven in India, 
was unravelled, and wrought anew in a looser texture, inter- 
mixed with linen or woollen yarn,^^ so thin that the body shone 
through it ; ^* first fabricated in the island Cos. Hence vestes 
Coae for sericcB vel bombycincB, ttnues vel pellucidcs ; ventus 
textilis, V. nebula. The emperor Aurelian is said to have re- 
fused his wife a garment of pure silk, on account of its exorbi- 
tant price.^^ 

Some writers distinguish between vestis bombycina and serica. 
The former they make to be produced by the silk-worm 
(bombyz), the latter from a tree in the country of the Seres 
{sing. Ser,) in India. But most writers <;onfound them. It 
seeuis doubtful, however, if sericum was quite the same witii 
what we now call silk.^** 

Silk-worms (bombyces) are said to have been first introduced 
at Constantinople by two monks in the time of Justinian, A. D. 
bol}'^ The Romans were long ignorant of the manner in which 
silk was made. 

(Jlothes were distinguished not only from their different 
texture and colour, but also from the places where they were 
njanufactured ; thus, vestis aurea, aurata, picta^ embroidered 
with gold; purpurea, concliyliata^^ ostro vel murice tincta, 

1 Liv. xxjiix. 31. Hor. 89. Ov. Art. Am. ili. Ep. viii. 15. Suet. Gal. 15 Plin. xi. 22. s 26. 
Ep. i. 17 55. It9. 52. Mart. iii. 82. viii, Tibull. ii. 3. 57. Prop. 

2 Val. Max. v. 2. 1. 6 a crebris sectionilms, 33. 68. ix. 38. xi. 8.27. i. 2. 2. Hor. Sat. i. 2. 
Serv.Virg. iEn, i.658. Symmach. Ep. 4. 12. f. 50. Juv. vi. 259. Tac, 101. Petron. 55, Vop. 
Isid. xlx. 31. 7 Catul. Ixii. 65. Fest. Ann.ii.33.Vop. Tac.lO. Aur. 45. 

, taenia, vel vitta Plaat. Men. iii. 3. 4. U vestis holoserica. Ifi Plin. xi. 23. s. 25. 



intexta auro. 8 Ov. Art. iii. 187. 12 subsericani, Lainpr. xxiv. 12. s. 6ti,<S£c. 

4 purpurea fimbria vel 9 vestis serica vel bom- Elag. 26. 29. ]7 Proc. Bell.Golii 

instita. byclna. 13 Plin. vi. 20. 17. 

6 Schol. Juv. ii, 121. 10 Viri;.G. ii. 121. Hor. 14 ut transluceret, ibid. 18 Gic. Phil. ii. ii7. 



THE ROMAN DRESS. 365 

punicea, Tyria vel Sarrana, Sidoma, Assyria, Phoenicia ; 
Spartana, Melibxa; Gttula, Poena vel Punica, &c. Purple, 
dyed with the juice of a kind of shell-fish, called purpura or 
MUREX ; found chiefly at Tyre in Asia ; in Meninx, -ngis, an 
island near the Syrtis Minor, and on the Getulian shore of the 
Atlantic ocean, in Africa ; in Laconica in Europe. Tlie most 
valued purple resembled the colour of clotted blood, of a black- 
ish shining appearance ; whence blood is called by Homer, pu?- 
pureus.^ Under Augustus the violet colour ^ came to be in re- 
quest ; then the red ^ and the Tyrian twice dyed ; ^ vestis 
coccinea vel cocco tincta^ scarlet, also put for purple ; Melitensis, 
e gossypio vel xylo^ cotton ; coa, i. e. serica vel bombydna et 
vurpura, fine silk and purple made in the island Cos or Coos ; ^ 
Phrygiana, vel -ionica, i, e. acu contexta et aureis filis decorata, 
needle- work or embroidery ; others read here phryxiana, and 
make it a coarse shaggy cloth ; freeze, opposed to rasa, smoothed, 
without hairs ; virgata, striped; scutulata, spotted or figured,*^ 
like a cobweb,'^ which Pliny calls rete scutulatum, galbana vel 
-ina, green or grass-coloured,^ worn chiefly by Avomen ; hence 
galbanatus, a man so dressed, and galbani moresr, efl'e mi nate ; 
amethystina, of a violet or wine-colour ; prohibited by Nero, as 
the use of the vestis conchyliata, a particular kind of purple, 
was by Ccesar, except to certain persons and ages, and on cer- 
tain days ; ^ crocota, a garment of a saffron-colour ; ^^ sindon, 
fine linen from Egypt and Tyre ; ^^ vestis atra vel pulla, black 
or iron-grey, used in mourning, &c. In private and public 
mourning the Romans laid aside their ornaments, their gold and 
piirple.^2 

No ornament was more generally worn among the Romans 
than rings (annuli). This custom seems to have been borrowed 
from the Sabines. The senators and equites wore golden rings, 
also the legionary tribunes. Anciently none but the senators 
and equites were allowed to wear gold rings.^^ 

The plebeians wore iron rings, unless when presented with a 
golden one for their bravery in war, or for any other desert.^* 
Under the emperors the right of wearing a golden ring was 
more liberally conferred, and often for frivolous reasons. At 
last it was granted, by Justinian, to all citizens. ^^ Some were so 
finical with respect to this piece of dress, as to have lighter rings 
for summer, and heavier for winter, hence called sernestres.^^ 



1 Plin. ix. 36. s. 60. 38. 


Od. iv. 13. 13. Cic. 


Mart. v. 24. 


xxvi. 36. Ap. Bel. Pun. 


s. bi. 


Ver. ii. 72. P!iu. xix. 


6 Mart.i. 97. ii.57. iii. 


63. Dio. xlvii.. 15. 


2 violacea purpura. 


1. Suet. Tib. ii. 4. 29. 


82. 5. xiv. 154. Juv. 


14 Cic.Fa.ii.x. 31. Ve . 


3 rubra Tareiitina. 


Juv. viii. 101. 


vii. 136. Suet. Jul. 43. 


iii. 80. Suet. .I'll. 39. 


4 Tyria dibapha, i. e. 


6 PHiu viii. 48. s. 74. 


10 crocei coloris, Cic. 


Stat. Silv. i.i 144. Ma- 


bis lincta, Vlin. ix. 39. 


Virg. iEn. viii. 660. 


Resp. Har. 21. 


cr..b. Sat. ii. 10. 


s. 63. Hor. Od. iU 16. 


Juv. ii. 97. 


U Mart. ii. 16. iv. 19. 


15 Novel. 7b. Tar. Hist. 


35. 


7 arane;irum tela. 


12.x.. 1. 


iv. 3. Plin, xxxiii. 1,2. 


b Mart. V. 24. Hor. Sat. 


8 I'lin. xi. 24. Juv. ii. 


12 Liv. ix. 7.xxxiv. 7. 


Suet. Galb 14.Vit.)2. 


1. 2. 101. vi. m. 106. 


97. color lierbaruni, 


13 Liv. i. 11. XXI. . 13. 


16 Juv. i. .lb. vL,. St. 



2 H 3 



366 ROMAN ANTIQUITIES. 

The ancient Romans usually wore but one ring-, on the left 
hand, on the finger next the least, hence called digitus an- 
nularis ; but, in later times, some wore several rings, some one 
on each finger, or more,^ which was always esteemed a mark of 
effeminacy. 

Rings were laid aside at night, and when they bathed, also 



by suppliants, and in mourning 

The case "^ where rings were kept, was (;alled dactylotheca.^ 

Rings were set with precious stones^ of various kinds; as 
jasper,** sardonyx, adamant, &c,, on which were engraved the 
images of some of their ancestors or friends, of a prince or a 
great man, or the representation of some signal event, or the 
like.^ Thus on Pompey's ring were engraved three trophies, 
as emblems of his three triumphs over the three parts of the 
w'orld, Europe, Asia, and Africa; on Ctesar's ring, an armed 
Venus; on that of Augustus, first a sphynx, afterwards tlie 
image of Alexander the Great, and at last his own, which the 
succeeding emperors continued to use.^ 

Nonius, a senator, is said to have been proscribed by Antony 
for the sake of a gem in his I'ing-, worth 20,000 sesterces.^ 

Rings were used chiefly for sealing letters and papers,'" also 
«;ellars, chests, casks, &c.^^ They v. ere affixed to certain sij^ns 
or symbols,^' used for tokens, like what we call tallies, or tally- 
sticks, and given in contracts instead of a bill or bond, or for 
any sign.^"^ Rings used also to be given by those who agreed to 
club for an entertainment,^^ to the person commissioned to be- 
speak it,^^ from symbola, a shot or reckoning : hence symbolam 
dare, to pay his reckoning. Asymbolus ad coznam venire, to 
come to supper without paying. The Romans anciently called 
a ring ungulus, from unguis, a nail ; as the Greeks ZocktvT^ios 
from ZccKrvT^os, a finger ; afterwards both called it symbolus vel 

When a person at the point of death delivered his ring to 
any one, it was esteemed a mark of particular affection. ^^ 

Rings were usually pulled off from tiie fingers of persons 
dying ; but they seem to have been sometimes put on again be- 
fore the dead body was burnt.^^ 

Rings were worn by women as well as men, both before and 



1 Mart. V. 11. 02.5. xi. 


Cic, Cat. iii. 5 Fin. v. 


rius, Macrob. Sat. vii. 


15 qui ei rei pra:fectu 


60. Gell, X. 10. Ma- 


1. Gv. Trist, i. 6. 5, 


13. Liv. xxvii,2S,rac, 


est, Ter. Eun. iii. 4, 1 


cr.ib. vii. 13. Hor. Sat. 


Plln.xxxvii. 1. Ep. X. 
16. Suet, Tib.58.dalb. 


Ann. ii, 2. Mart, ix, 89, 


Plaut. Stich. iii, 1, ii) 


U. 7. 9. 


11 Plaut, Gas. ii. 1. 10, 


34. 


\i Ter. Heaut. iv. 1. 42. 


]U, Sen. Ben. iii. ii6. 


Cic. Fam. xvi. 26. 


16 Ter. Phorm, ii,2,2; 


Ov. Am. ii.l5.'^3.Liv. 


Plaut. Cure, iii. 60. 


12 symbola, vel -i. 


AiiJ. i. 1. 61. Gell. V 


ix. 7. xliii. 16. Iskl. 


8 Do. xlii. 18, xliii. 4.^ 


13 Plaut, Bacch, ii. 3. 


13. Plin, xxxiii, 1 s,4 


xix. 31. Val. Max.viii. 


li. 3. Cifi,Sext,61.Pis. 


29, Pseud, i. 1. 53. ii. 


17 Curt. X, 5. Juslii 


1. 3. Suet. Aug, 1(J1. 


13. Balb. 4,6.Plin,vii, 


2. 53. iv. 7. 104, Just. 


xii. 15. Val. Max, vi 


,? capsula. 


26, xxxvii. 1, Suet, 


ii, 12, 


68. 


4 Mart. xi. 00, 


Aug. 50. 


14 qui coierunt, ut de 


18 .Suet. Tib. 83, Cal 


5 yermn«.. 


9 Pliii. xxxvii. 6, s. 21. 


synibolis essent, i, e. 


l-M'rop, iv. 7.9. 


«i iaspis. 


10 ad tabulas obsignari- 


qui communi sumptu 




7 .Marl, ii, 50. V. 11, 


das, annulus sigualo. 


eranl una cnsiialuri. 





THE ROMAN DRESS. SG7 

after marriage. It seems any free woman might wear a golden 
one ; and Isidorus says, all fi-ee men, contrary to other authors. 
A ring" used to be given by a man to the woman he was about 
to marry, as a pledge of their intended union (annulus pronu- 
Bus) ; ^ a plain iron one,^ according to Pliny ; but others 
make it of gold. Those who triumphed also wore an iron ring-."* 

The ancient Romans, like other rude nations, suffered their 
beards to grow (hence called harbati ; but harbatus is also put 
for a full-grown man), * till about the year of the city 454, one 
P. Ticinius Maenas, or Masna, brought barbers from Sicily, and 
first introduced the custom of shaving at Rome, which continued 
to the time of Hadrian, who, to cover some excrescences on his 
chin, revived the custom of letting the beard grovv,^ but that of 
shaving was soon after resumed. 

The Romans usually woi*e their hair shoi't, and dressed it ^ 
with great care, especially in later ages, when attention to this 
part of dress was carried to the greatest excess. Ointments and 
perfumes were used even in the army.^ 

When young men first began to shave ,^ they were said ponere 
barbam. The day on which they did this was held as a festival, 
and presents were sent to them by their friends.^ 

The beard was shaven for the first time, sooner or later, at 
pleasure ; sometimes when the toga virilis was assumed, but 
usually about the age of twenty-one. Augustus did not shave 
till twenty-five.^" Hence young men with a long down ^^ were 
called juvenes barbatuli, or bene barbati}'^ 

The first growth of the beard ^^ was consecrated to some god ; ^^ 
thus Nero consecrated his in a golden box,^^ set with pearls, to 
Jupiter Capitolinus. At the same time, the hair of the head 
was cut and consecrated also, usually to Apollo, sometimes to 
Bacchus. Till then they wore it uncut, either loose,^'' or bound 
behind in a knot.^^ Hence they Avere called capillati.^^ 

Both men and Avomen among the Greeks and Romans used 
to let their hair grow^^ in honour of some divinity, not only in 
youth, but afterwards, as the Nazarites among the Jews.-" So 
Paul, Acts xviii. IS. 

The Britons, in the time of Ccesar, shaved the rest of their 
body, all except the head and upper lip.-^ 

1 Hor. Od. i. 9. 23.Ter. 5 P in. vii. 59. Spart. Som. Scip. i. 6. 42. 

Hec. iv. 1.59. V. 3.30. Adrian. 26. 11 lanugo. 18 Petron. 27. 

Flaut. Gas. iii. 5. 63. 6 csesariera, crines, ca- 12 Cic. Att. i. U.Cat.ii. 19 pascere, alere, nu- 

•luv. vi, 27. Isid. xix. pillos, comam vel co- 10, trire, promittere v. i 

32. mas, pectebant vel co- 13 prima barba vel lanu- submittere. 

2 ferreus sine gemma. mebant. go. 20 Numb. vi. 5. V'irg. 

3 Plin. xxxi. 1. xxxiii. 7 Sen. Bl-ev. Vit. 13. 14 Petron. 29. iEn. vii. 391. Stai. 
J. s. 4. Tertul. Apolcig. Suet. Cass. 67. 15 pixide aurea. Sylv. iii, Prsef. carni. 
6. Isid. xix. 33. 8 cum barba resecta est, 10 Suet. Ner. 12. Mart. 4. 6. Thcb. ii. 253. vi, 

4 Liv. V. 41. Cic. Jfur. Ov. Trist. iv. 10. 58. i. 32. Stat. Theb. viii. 607. Censorin. D. N 
12. CopI. 14. Fin. iv. 9 Suet. Cal.lO. Juv. iii. 493. Hor. Cd. ii. 5.23. 1. Pint, Thes. 

23. Juv. iv. 103. X. 66. 187. Mart. iii. 6. iii. 20. 13. iv. 10. 3. 21 C.Ki. B. C, v. 10. 

Mor. Sat. ii. 3. 249. 10 Suet. Cal. 10. Die. 17 renodabanl vel nodo 
Wart, viii. ."ig. xlviii, 34, Macrob. in ieli;;abaiit, Id. Kji. xi. 



368 



ROMAN ANTIQUITIES. 



In grief and mourning the Romans allowed their hair and 
beard to grow/ or let it flow dishevelled,^ tore it,^ or covered 
it with dust and ashes. The Greeks, on the contrary, in grief 
cut their hair and shaved their beard, as likewise did some 
barbarous nations.* It was reckoned ignominious among the 
Jews to shave a person's beard..'' Among the Catti, a nation of 
(jermany, a young man was not allowed to shave, or cut his 
hair, till he had slain an enemy. So Civilis, in consequence of 
a vow.'' 

Those who professed philosophy also used to let their beard 
grow, to give them an air of gravity. Hence harbatus magister 
for Socrates ; but liber barbalus^ i. e. villosus, rough ; barbatus 
vivit, without shavin<r.^ 

Augustus used sometimes to clip ^ his beard, and sometimes to 
shave it.*^ Some used to pull the hairs from the root,^*^ with an 
instrument called volsella, nippers or small pincers, not only 
of the face, but the legs, &c.,'^ or to burn them out with the 
flame of nut-shells, ^'^ or of walnut-shells,^^ as the tyrant Dionysius 
did; or with a certain ointment, called psilothrum vel dropax,^^ 
or with hot pitch or rosin, which J uveval calls calidi Jascia visci\ 
a bandage of warm glue ; for this purpose certain women were 
employed, called usTRicuLii.^^ This pulling oif the hairs, how- 
ever, was always reckoned a mark of great eflfeminacy,^'' except 
from the arm-pits,^^ as likewise to use a mirror when shaving. ^^ 

'I'he Konians, under the emperors, began to use a kind of 
peruke or periw ig, to cover or supply the want of hair, called 
CAPJLLAMENTUM, or GALERus, Or GAiiERicuLUM.^'"^ The falsc hair ^'^ 
seems to have been fixed on a skin. This contrivance does not 
appear to have been known in the time of Julius Caesar, at least 
not to have been used by men ; for it was used by women.^^ 

In great families there were slaves for dressing the hair and 
for shaving (tonsores), and for cutting the nails ; sometimes 
female slaves did this ( tons trices.)-- 

There were, for poorer people, public barbers' shops or 
shades (tonstrin/Ii), much frequented, where females also used 
to officiate."^^ 



1 promittebant rel sub- 
riiittebaiit, Liv. vi. 16. 
Suet. Jul. 67. Aug. 23. 
Gal. 24. 

2 solvebant, Liv. i,26. 
Ter. Heaut. ii. 3. 45. 
Virg. iEn. iii. (i5. Ov. 
F. ii. 813. 

S lacerabant vel evel- 
lebant, Cic. Tusc. iii. 
26. Curt. X. 5. 

4 Suet. Cal. 5. Virg. 
.'En. xii. 609. Catull. 
xliv. 2Zi. Sen. Ben. v. 
6. Flut. in Pelopid. et 
Al(-x. BionEidyl.1.81. 

5 Z Sj.n. X. i. 



Tac. Mor. Germ. 31. 
Hist. iv. 61. 

7 Hor. Sat. i. 3. 133. 
ii. 3. 35. Art. Poet. 
297. Pers. iv. 1. Mart, 
xi. 85. IS. xiv. 14. 

8 tondere forfice. 

9 radere iiovacula, i. 
e. radendain curare vel 
facere. Suet. Aug. 79. 
Mart. ii. 17. 

10 pilos vellere. 

11 Plaut. Cure. iv. 4. 
22 Suet. Caes. 45. Jul. 
45. Aug. 68. Galb. 22. 
Oth. 12. Mart. v. 02. 
viii. 46 !>. 28. Ouinct. 



i. 6. V. 9. viii. procem. 

12 suburere nuce ar- 
dent! , Suet. Aug. 68\ 

13 adurere candcntibus 
juglandium putaniiui- 
bus. 

11 Cic. Tusc. V. 20. Off. 
ii. 7. Mart. iii. 74. vi. 
93. X. 65. Juv. ix. 14. 

15 Tertul. de pall. 4. 

16 Qell. vii. 12. Cic. 
Rose. Com. 7. Flin. 
En. xxix. 1. S.8. 

17 ala vel axilla, Hor. 
Ep. xii. 5. Sen. Ep. 
114. Juv. xi. 157. 

la iMart. vi. 61. 4. Juv. 



ii. 99. 

19 Juv. vi. 120. Suet. 
Cal. 11. Oth. 12. 

20 crinesfieti vel suppo- 
siti. 

31 Mart. xiv. 30. Surt. 

Jul. 45. Ov. Am. i. 14. 

4.5. 
22 Cic. Tusc V. 20. Ov. 

Met. xi. 182. Mart. vi. 

5 5. Plaut. .^ul. ii. 4. 

33. True. iv. 3.59. Val. 

Max. iii. 2. 15. Tibull. 

i. 8. 11. 
2:» Ter. Phorm. !. 2. 29. 

Hor. En i,7.30.M«rt. 

ii. 17. 



KOMAN ENTERTAINMENTS. 



3G9 



Slaves were dressed nearly in the same manner with the poor 
people/ in clothes of a darkish colour/ and slippers ; ^ hence 
vestis serviliSy servilis habitusJ^ 

Slaves in white are mentioned with disapprobation. They 
wore either a straight tunic, called exomis or diphthera,^ or a 
coarse frock.^ 

It was once proposed in the senate, that slaves should be 
distinguished from citizens by their dress ; but it appeared dan- 
gerous to discover their number.'^ 

Slaves wore their beard and hair long. When manumitted 
they shaved their head and put on a cap.^ 

In like manner, those who had escaped from shipwreck 
shaved their head. In calm weather mainners neither cut their 
hair nor nails. So those accused of a capital crime, when 
acquitted, cut their hair and shaved, and went to the Capitol to 
return thanks to Jupiter.^ 

The ancients regarded so much the cutting of the hair, that 
they believed no one died, till Proserpina, either in person, or 
by the ministration of Atropos, cut off a hair from the head, 
which was considered as a kind of first-fruits of consecration to 
Pluto.i" 

II. ROMAN ENTERTAINMENTS, EXERCISES, BATHS, AND 
PRIVATE GAMES. 

The principal meal of the Romans was what they called C(j:na, 
supper ; supposed by some to have been anciently their only 
one.^^ The usual time for the cosna was the ninth hour, or three 
o'clock, afternoon, in summer, and the tenth hour in winter. It 
was esteemed luxurious to sup more early.^- 

An entertainment begun before the usual time, and prolonged 
till late at night, was called convivium intempestivum ; if pro- 
longed till near morning, ckna antelucana.^'^ Such as feasted 
in this manner, were said epulari vel vivtre de die, and in dieim 
vivere when they had no thought of futurity,^* a thing which 
was subject to the animadversion of the censors. 

About mid-day the Komans took another meal, called pran- 
DiuM, dinner, which anciently used to be called coena,^^ because 
taken in company, and food taken in the evening,^'' vesperna. 



36. 



1 see p. 356. 

2 puUati. 

3 crepidati. 

4 Tac. Hist. 
Cic. Pis. 38. 

5 Gell. vii. 12. PlauL 
Cas. ii. sc. ult. Suet. 
Dom. 12. Hesych. 16. 

6 lacerna et cucullus, 
Hor. Sat. ii.7. 54.Juv. 
iii 170. Mart. x. 76. 

7 Sen. Clem. i.2i. Ep. 



r. 171. 
1.306. 



18. 

8 pileus, Juv. 
Plaut. Amph. 
see p. 35. 

9 Plaut. Rud. V. 2. 16. 
Juv. xii. SI. Lucian in 
Ermotim. Petron. 104. 
Mart. ii. 74. Plin. Ep. 

10 Virg. ^n. iv. 698. 
Hor. Od. i. 28. 20. 

11 Isid. XX. 2. 



12 Cic.Fam. ix.26.Juv. 
i. 49. Mart. iv. 8. 6. 
Auct. Herenn. iv. 51. 
Plin. Ep. iii. 1. Pan. 
49. 

13 Cic. Cat. ii. 10. Arch. 
6. Mur. 6.Verr.iii.25. 
Sen. 14. Att. ix. 1. 
Sen. Ira, ii. 28. Suet. 
Gal. 45. 

14 Liv. XXV. 23. Cat. 
xlvii. 6 Suet. Ner. 27. 



Curt. v. 22. Cic Pliil. 
ii. 34. Tusc. v. 11. Or. 
ii.40. Plin. Ep. V.5. 

15 Koii')?, i.e. cibus com- 
munis, a pluribus 
sumptus, Plut. Symp. 
viii. 6. Isid. xx. 2. quo 
Plinius alludere vide- 
fur, Ep, ii. 6. 

16 cibus vespertinus, 
Festus inCu:na. 



70 



ROMAN ANTIOUniES. 



But when the Romans, upon the increase of riches, began to 
devote longer time to the coena or common meal, that it might 
not interfere with business, it was deferred till the evening ; and 
food taken at mid-day was called prandium. 

At the hour of dinner the people used to be dismissed from 
the spectacles, which custom first began A. U. 393.^ 

They took only a little light food^ for dinner, without any 
formal preparation, but not always so.^ 

Sometimes the emperors gave public dinners to the whole 
Roman people,* 

A dinner was called prandium ganinum ^ vel abstemiuniy at 
which no wine was drunk.^ 

In the army, food taken at any time was called prandium, 
and the army after it, pransus paratus.'^ 

Besides the prandium and coena, it became customary to 
take in the morning a breakfast (jentacui-um), and something 
delicious after supper to eat with their drink, called comissatio. 
They used sometimes to sup in one place, and take this alter- 
repast in another.^ 

As the entertainment after supper was often continued till 
late at night,^ hence comissari, to feast luxuriously, to revel, to 
riot.^'' Comissatio, a feast of that kind, revelling or rioting 
after supper;" comissator, a person who indulged in such 
feasting, a companion or associate in feasting and revelling. 
Hence Cicero calls the favourers of the conspiracy of Catiline, 
after it was suppressed, comissatores conjurationisJ- 

Some took food betwixt dinner and supper, called merenda,*'^ 
or ANTECCENA, vel -ium.^^ 

The ancient Romans lived on the simplest fare, chiefly on 
pottage,^"* or bread and pot-herbs ; hence every thing eaten with 
bread, or besides bread, was afterwards named pulmentum, or 
PULMENTARiuM,^'' calJcd in Scotland kitchen}'' Uncta pulmentaria, 



1 Suet, Claud. 3t. Cal. 
5ti. 58. Dio. xxxvii. 46. 

2 cibuiii levem et laci- 
lem sumebant, v. gus- 
tabant, Plin. Ep. iii.4. 

8 Gels. i. 3. Hor. Sat. 
L 6. 127. ii. 3. 245. 4. 
22. Sen. Ep. 84. Mart, 
xiii. 3fl. Plant. Poen. 
iii. 5. 14. Cic. Ver. i. 
19. Suet. Glaud. 33. 
l)om.21, 

4 Suet. Jul. 38. Tib. 
20. 

b By the term caninum 
prarniium,Gelliusseems 
to understand an abste- 
mious dinner. Eras- 
mus does the same ; 
but Quintus Carolus, 
a commentator on Gel- 
lius, interprets it dif- 
ferently, thus, " What 
is Jiere said uf a dog's 



not drinking wine, is 
equally true of a cat, 
or a mouse, or a fish. 
There are three sorts 
of wine, new, old, and 
of middle age: new 
wine makes us cold, 
old wine temperately 
warms, but wine of 
middle age inflames the 
blood, gets into the 
head, and makes peo- 
ple quarrel and tight 
like dogs." Erasmus 
servilely loUows Gel- 
lius in his interpreta- 
tion of this proverb, 
with no original re- 
marks of hij own. — 
Beloe. 
6 q'jod canis vino ca- 
ret, — because a do-; 
drinks no wine, Gell. 
xiii. 29. 



7 Liv. xxviii. 14. Gell. 
XV. 12. 

8 Plant. Cure. i. 1. 72. 
Most, i.4, 5. Liv. xl. 7. 
9.Mart.xiii.31.xiv.223. 
Suet. Vit: 13. Dom.21. 

9 Suet. Tit. 7. 

10 Koi/iaiTEii/ a (tm/i?;, ~vi- 

cus, Festus, vel po- 
tius a Kai/iot, Comus, 
the god of nocturnal 
merriment and feast- 
ing among the Greeks, 
Hor.Od.iv. 1.9.Quin. 
xi. 3. 57. 

11 Cic. Cat. ii. 5. Mur. 
6. Ccel. 15. Mart. xii. 
48. 11. 

12 Alt. i. 16. Liv. xl. 7. 
Ter. Adelp. v. 2. 8. 
Mart. iv. 5. 3. ix. 62. 
15. Petron. 65. Gell. 
iv. 14. 

13 quia vulgo dabatur 



iis, qui aere merebant, 
i. e. mercenariis, anle- 
quam labore mitteren- 
tur, a domino seucon- 
dsctore, — because it 
was commonly given 
to those qui aere mere- 
bant, that is, to hire I 
labourers, before they 
were dismissed from 
>vork, by the master or 
person who hired 
them, Plaut. Most. iv. 
2.50. 

14 lsid.xx.23. 

15 puis. 

16 oi^aii-ior, opsonmm. 

17 Plin. xviii. 8. Varr. 
L. L. iv. 22. Hor. SaU 
ii. 2. 20. Ep. i. 18. 48. 
Sen. Ep. 87. Pliiedr. 
iii. 7. 23.auv. vii. IS5 
xiv. 171. 



ROMAN ENTERTAINMENTS. 



371 



i. e, lauta et dehcata fercula, nice delicate dishes. Their chief 
magistrates and most illustrious generals, Avhen out of office, 
cultivated the ground with their own hands, sat down at the 
same board, and partook of the same food with their servants; 
as Cato the censor. They sometimes even dressed their dinner 
themselves, as Curias, or had it brought them to the field by 
their wives.^ 

But Avhen riches were introduced by the extension of con- 
quest, the manners of the people were changed, luxury seized 
all ranks.^ The pleasures of the table became the chief object 
of attention. Every thing was ransacked to gratify the appetite.^ 
The Romans at first sat at meals,* as did also the Greeks. 
Homer's heroes sat on different seats ^ around the Avail, with a 
small table before each, on which the meat and drink were set. 
So the Germans and Spaniards.^ 

The custom of reclining ^ on couches (lecti vel tori) Avas 

introduced from the nations of the East, and at first was adopted 

only by the men, but afterwards allowed also to the Avomen. It 

was used in Africa in the time of Scipio Africanus the elder.^ 

The images of the gods used to be placed in this posture in a 

kctisternium ; that of 
Jupiter reclining on a 
couch, and those of 
Juno and Minerva 
erect on seats.^ 

Boys, and young- 
men below seAcnteen, 
sat at the foot of the 
couch of their parents 
or friends,^" at a more 
^^^ frugal table ; ^^ some- 
times also girls, and 
persons of Ioav rank.^^ 
The custom of re- 
clining ^^ took place 
only at supper. Ihere 




1 Pers. iii. 102. Plut. 
Plin.xix. 5. S.26.JUV. 
xi. 79. Mart. iv. 64. 

2 Sievinr armis luxu- 
ria incubuit, victum- 
qaeulcisciturorbem. — 
luxury, more oruel 
than arms, hath inva- 
ded us, and avenges 
the conquered world, 
Juv. vi. iSl. 

3 vescendi causa terra 
manque omnia exqni- 
rere,— for the sake of 
fjratifyinff the appetite 
sea and land were 
ransacked, Sal. Cat. 
13. Gastvis, i. e. dapes 



delicatas, dainties, ele- 
menta per OQinia quae- 
runt,— they ransack, as 
it were, earth, air, and 
water, for dainties to 
please their taste, Juv. 
xi. 14. 

4 Ov. F. vi. 305. Serv. 
Virg. ^n. vii. 176. 

5 5poi'ot, solia- 

6 Odys. i. iii. &c. vii. 
viii.Tac.Mor. Gpr.22. 
Strab. ii. p. 15.=>. 

7 accumbendi. 

8 Val. Max. ii. 1, 3. 
L'v. xxviii.28. 

9 Val. Max. ii. 1.2. 

10 in imoleeto vcUub- 



sellio, vel ad lecti ful- 
cra assidebant, Suet. 
Aug. 64. 

11 propria el parciore 
mensa,Tac.An.xiii.l6. 

12 .Suet. Claud 32. Don. 
in A'it. Terent. Plaut. 
Stich. iii.2. 32 v.4.21. 

13 The above cut taken 
from a picture found 
in Pompeii represents 
a domestic supper par- 
ty. The young man 
reclining on the couch 
is drinking from a 
horn, the primitive 
drinking vessel, pierc- 
ed at the smaller end 



so as to allow the wine 
to flow in a thin stream 
into his mouth. This 
mode of drinking, 
which is still practised 
in some parts of the 
Mediterranean, must 
require some skill in 
order to hit the mark 
exactly. The female 
seated beside him 
stretches out her hand 
to a servant, to receive 
M'hat appears to be lier 
myroth-'cii^ a box of 
perfumes. The tsble 
and the ground are 
strewed with flowers. 



12 



ROMAN ANTIQUITIES. 



Avas no formality at other meals. Persons took them alone or 
in company, either standing or sitting.^ 

The place M'here they supped was anciently called ccenaculum, 
in the higher part of the house, whence the whole upper part, 
or highest story, of a house was called by that name, afterwards 
ccf:natio, or triclinium,- because three couches (ros/j xA/i/at;, 




tres lectin tridinares vel discuhitorii) were spread^ around 
the table, on which the guests might recline.* 

On each couch there were commonly three. They lay with 
the upper part of the body reclined on the left arm, the head a 
little raised, the back supported by cushions,^ and the limbs 
stretched out at full length, or a little bent ; the feet of the first 
behind the back of the second, and his feet behind the back of 
the third, with a pillow between each. The head of the second 
was opposite to the breast of the first, so that, if he wanted to 
speak to him, especially if the thing was to be secret, he was 
obliged to lean upon his bosom,** thus, John xiii. 23. In con- 
versation, those who spoke raised tliemselves almost upright, 
supported by cushions. When they ate, they raised themselves 
on their elbow,^ and made use of the right hand, sometimes of 
both hands ; for we do not read of their using either knives or 
forks. ^ 

He who reclined at the top^ was called summus vel primus, 
the highest ; at the foot, imus vel ultimus, the lowest ; between 
them, MEDius, which was esteemed the most honourable place.^'' 

If a consul was present at a feast, his place was the lowest on 
the middle couch, which was hence called locus consularis, 
because there he could most conveniently receive any messages 
that were sent to him.^^ The master of the feast reclined at the 
top of the lowest couch, next to the consul. 

Sometimes in one couch there were only two, sometimes four. 



1 Suet Aug. 78. 

2 Var. L. L.iv.33.Liv. 
xxxix. 40. Suet. Vit. 
7. Ner. 31. Cies. 43. 
Tib. 72. Cic. AtL 5i. 
Juv. vii. 183 — The 
second cut represents 
the summer triclinium 
ill the snf.i.ll garden of 



the house of Sallust, 
lately found at Pom- 
peii. The couches are 
of masoary, intended 
to becovered with mat- 
tresses and ricli tapes- 
try, the round table in 5 pulvini v 
the centre was of mar- 6 



Tiberius, such couches 7 Hor. Od. i. 27. 8. S^it. 

were veneered with ii. 4. 39. 

costly woods or tor- 8 hence manus unct;*. 



toiseshell. 

3 sternebantur. 

4 Serv.Virg.iEn.i.fi98. 
-iUi. 
recumberc, 



ble. In the 



of 



Plin. Ep, iv. 



-greasy hands, Ho 
Ep. i. 16. 23. 

9 ad caput lecti. 

10 Virg. ib.Hor.Sat. ii. 
8. -^0. 

U Plaut. Symp. ii. 3. 



ROMAN ENTERTAINMENTS. 3T3 

It was reckoned sordid to have more.^ Sometimes there were 
only two couches in a room ; hence called biclinium.^ 

The number of couches depended on that of the guests, which 
Varro said ought not to be below the number of the Graces, 
nor above that of the Muses. So, in the time of Plautus, the 
number of those who reclined on couches did not exceed nine. 
The persons whom those who were invited had liberty to bring 
with them, were called umbr^, uninvited guests.^ 

The bedsteads (spond^) and feet (fulcra vel pedes) were 
made of wood, sometimes of silver or gold,* or adorned with 
plates^ of silver. On the couch Avas laid a mattress or quilt 
(cuLciTA vel matta), stuffed Avith feathers or avooI,*" anciently 
with hay or chaff.^ All kinds of stuffing^ Avere called tomen- 

TUM.^ 

A couch Avith coarse stuffing,'" a pallet, Avas called t omentum 
ciRCENSE, because such Avere used in the circus ; opposed to to- 
mentum lingonigum, v. leuconicum.^^ 

At first couches seem to have been covered Avith herbs or 
leaves,^^ hence lectus, a couch,^^ vel torus,^* or Avith straAV.^^ 

The cloth or ticking which covered the mattress or couch, the 
bed-covering,^*' Avas called toral, by later Avriters, torale linteum, 
or SEGESTRE, V. -trum, -trium, or lodix, Avhich is also put for a 
sheet or blanket. Lodicula, a small blanket or flannel coverlet 
for the body.^^ 

On solemn occasions, the couches Avere covered with superb 
cloth, Avith purple and embroidery (stragula vestis.)^^ Textile 
stragulum, an embroidered coverlet, Avith a beautiful mattress 
below {pulcherrimo straio), but some read here pulcherrime ; as, 
lectus stratus conchyliato peristromate^ bespread Avith a purple 
covering, also attalica peripetasmata, much the same Avith Avhat 
Virgil calls superba auldsa^ fine tapestry ,^^ said to have been first 
invented at the court ^^ of Attalus king of Pergamus. Babylo- 
nica peristromata consutaque tapetia, wrought Avith needle- 
Avork.^^ 

Hangings (aulcsa) used likcAvise to be suspended from the top 
of the room to receive the dust.-^ 

Under the emperors, instead of three couches Avas introduced 

1 Cic. Pis. 27. Hor. 7 foeno vel acere aut herbam tortam discum- xiv. 148. 152. Suet. 
Sat. i. 4. 86. palea,Var. L. L.iv.33. bebant, Serv. Virg. Au^. 83. 

2 Quinct. i. 5. Plaut. 8 omnia furcimrna. ^n. i. 708. v. 388. vel 18 Cic. Verr.ii. 19. Liv. 
Bacch. iv. 4. 69. 102. 9 quasi tondimentum, ut alii dicunt, quod lee- xxxiv. 7. Hor. Sat. ii. 

3 Gell. xiii. 11. Plant. tiuet. Tib. 54. Mart.xi. tus toris, i. e. funibus 2,3. 118. picta stragu- 
Stich. iii. 2. 31. iv. 2. 22. xiv. 150. tenderetur, Hor. Ep. la, Tibul. i. 2. 79. 

12. Hor. Sat. ii. 8. 2J. 10 concisa palus, i. e. xii. 12. 19 Mn. i. 697. Cic. A^t. 

Kp. i. v. 28. arundines palustres. 15 stramen vel stramen- iv. 12. Tusc. v. 21. 

4 Ov. Met. viii. 656. 11 Mart. xiv. 160. Sen. tuin, Plin. viii. 48. Piiil. ii. 27. 

Suet. Jul. 49. Vit. Beat. 25. Hor. Sat. ii. 3. 117. 2U in aula, hinc aulae.i. 

5 bracteae vel lamin.-e. 12 Ov. Fast. i. 200.205. 16 operimeiitum vel in- 21 Pliu. viii. IS. Plaut. 

6 Suet. Cal. 22. Mart. 13 quod herbisetfrondi- volucrum. Stich. ii. 2. 54. 

viii. 35. 5. Juv. v. 17. bus lectis incubabant, 17 Hor. Sat. ii. 4.84. Ep. 22 Hor. Sat. ii. 8. 54. 
Plin. xix. l.Ov. Fast. A'ar. L. L. iv. 35. i. 5. '22. Var. ib. Juv. Serv. Virg. xBn. u 

Yi.650.Cic.Tusc. iii.l9. 14 quia vtteres super vL 194. vii. 66. Mart, 697. 

2 I 



374- KOMAN ANTIQUITIES. 

the use of one of a semicircular form, tlius, C ; called sigma, 
from the Greek letter of that name, which usually contained 
seven, sometimes eight, called also stibadium.^ But in later 
aijes the custom was introduced, which still prevails in the East, 
of sitting or reclining on the floor at meat, and, at other times, 
on cushions, accubita, covered with cloths, accubitalia.^ 

The tables (mense) of the Romans were anciently square, 
and called CABiLL.E ; on three sides of which were placed three 
couches ; the fourth side was left empty for the slaves to bring- 
in and out the dishes. When the semicircular couch, or the 
sigma, came to be used, tables were made round.^ 

The tables of the great ^vere usually made of citron or maple 
wood, and adorned with ivory ."^ 

The tables were sometimes brought in and out with the dishes 
on them ; hence mensam apponere,^ et auferre, but some here 
take mensce for the dishes. Sometimes the dishes were set 
down on the table ; hence cibum, lances, patinas^ vel coenam 
mensis apponere, epulis mensas onerare, demere vel tollere." 

Mensa is sometimes put for the meat or dishes ; ^ hence prima 
mensa, for prima fercula, the first course, the meat; secunda 
mensa, the second course, the fruits, &c., hellaria^ or the dessert.*^ 
Mittere de mensa, to send some disli, or part of a dish, to a per- 
son absent ; dapes mensce hrcvis, a short meal, a frugal meal ; 
mensa opima, a rich table. '■* 

Virgil uses mens(B for the cakes of wheaten bread ^^ put under 
the meat, which he calls orbes, because of their circular figure ; 
and quadras, because each cake was divided into four parts, 
quarters, or quadrants, by two straight lines drawn through tlie 
centre. Hence aliena vivere quadra, to live at another's ex- 
pense or table ; findetur quadra, i. e. frustum panis, the piece 
of bread shall be shared. So quadra placentoB vel casei?^ 

A table with one foot was called monopodium. These were of 
a circular figure,^' used chiefly by the rich, and commonly 
adorned with ivory and sculpture.^^ 

A side-board was called abacus, or delphica, sc. mensa,^* lapis 
albus.^^ 

The table of the poorer people commonly had three feet 
(tripes), and sometimes one of them shorter than the other 
tuo.^*" Hence incequales mens.e, Martial i. 56. 11. 

1 Mart. ir. 48. xi\r. 87. Cic. Att. xiv. 21. Ov. 101. Nep. Ages. 8. xii. 32. 18. 

ii Schol. Juv. V. 17. Met. viii. 570. 9 Cic. Att. v. 1. Hor. 12 orbes. 

Lamprid. Heliog. 19. 6 Virg. JEn. i. 220. A. P. 198. Sil. xi. 2S3. 13 Juv. i. 138. xi. 123. 

25. Treb.Pol.Clau. 14. 627. iv. 602. G. iv.38S. 10 adorealiba velcere- 14 Liv. xxxix. 6. tic. 

3 Juv. i. 137. Var. L. Cic. Tasc. v. 32 Ver. ale solum. Solum Verr. iv. lt<. 25. 5.4. 
L. iv. 25. Festus. iv. 22. Att. vi. 1. Plaut. omne dicitur, quod ali- Tusc. v. 21. Vel.Schul. 

4 i'Ac. Verr. iv. 17. Mil iii. 1. 55. quid sustinet, Serv. Juv. iii. 201. Mart. xii. 
Mart xiv. 89, 90. ii. 7 lanx, patina, patella, Virg. Eel. vi. 35. JEn. 67. 

43. Plin. xiii. 15. s. 29. vel discus. v. 194. Ov. Met. i. 73. 15 i.e. mensa marmore.-i, 

5 Plaut. Asi.i. V. 1, 2. 8 Macrob. Sat. vii. 1. 11 Virg. iEn. vii. 116. Hor. Sat. i. 6. 116. 
Most. i. 3. 150. iii. 1. Cic. Att. xiv. 6. Fam. Juv. v. 2. Hor. Ep. i. 16 Ov. Met viii. 661. 
ad. Ainpli. li, 2. 175, liv. 21. Virg. G ii. 17. 49. Mart. vi. 75. Hor. Sat. i. 3. 13. 



ROMAN ENTERTAINMENTS. 



375 



Tlie ancient Romans did not use table-clotlis,^ but wiped the 
table with a sponge,^ or with a coarse cloth.^ 

Before the guests began to eat they always washed their 
hands, and a towel* was furnished them in the house where 
they supped to dry them.^ But each guest seems to have 
brought with him, from home, the table-napkin ^ or cloth, which 
he used, in time of eating, to wipe his mouth and hands, but 
not always.^ The mappa was sometimes adorned with a purple 
fringe,^ 

The guests used sometimes, with the permission of the master 
of the feast, to put some part of the entertainment into the 
mappa, and give it to their slaves to carry home.^ 

Table-cloths ^^ began to be used under the emperors.^^ 

In later times, the Romans, before supper, used always to 
bathe.^^ The wealthy had baths,^^ both cold and hot, at their 
own houses.^* There were public baths ^^ for the use of the 
citizens at large, ^"^ where there Avere separate apartments for the . 
men and women.^^ Each paid to the bath-keeper ^^ a small coin 
(quadrans.) ^^ Those under age paid nothing.^" 

The usual time of bathing was two o'clock ^^ in summer, and 
three in winter ; on festival days sooner.^^ 

The Romans, before bathing, took various kinds of exercise ; ^^ 
as the ball or tennis (pila), throwing the javelin, and the discus 
or quoit, a round bullet of stone, iron, or lead, w ith a thong tied 
to it, the palus or palaria,^* riding, running, leaping, &c.^^ 

There were chiefly four kinds of balls: — I. pila trigonalis 
vel trigon, so called, because those who played at it wei'e placed 
in a triangle {r^iyauov), and tossed it from one another; he who 
first let it come to the ground was the loser. — 2. follis vel 
folUculus, inflated with wind like our foot-ball, which, if large, 
they drove with the arms, and simply called pila, or pila velox, 
if smaller, with the hand, armed with a kind of gauntlet, hence 
called follis puqillatorius. — 3. pila paganica, the village ball, 
stuffed with feathers, less than the follis, but more weighty.^'* — 
4. harpastum,^'^ the smallest of all. which they snatched from one 
another.^^ 



1 mantilia. 

2 Mart. xiv. 44. 

3 gaasape, Hor. Sat 
ii. S.11. 

4 mantile vel -tele, 
-um, vel -ium. 

5 Virg. ^n. i. 702. G. 
iv. 377. 

6 mappa. 

7 Mart. xii. 29. Hor. ii. 
8. 63. Ep. i. 5. 2i. 

8 lato clavo, Mart. iv. 
46. 17. 

9 Mart. ii. 32. 

10 lintea villosa, gau- 
sapa vel mantilia. 

11 Wart. xii. 29. 12. xiv. 



138. 

12 Plaut. Stich.v.2. 19. 

13 balneum vel baline- 
um, plur. -neae vel -a. 

14 Cic. Or. ii. 55. 

15 balnea. 

16 Cic. CoeL 23. Hor. 
Ep. i. 1.D2. 

17 Balnea virilia et mu- 
liebria, Var. L. L. 
viii.42. Vitruv. V. 10. 
Geil. X. 3. 

18 balneator. 

19 Hor. Sat. i. 3. 137. 
.Tuv. vi. 446. hence res 
quadrantaria for bal- 
neum, Sen. Kp. 89. 

2 1 



quadrantaria permuta- 
tio, i. e. pro quadrante 
copiara sui fecit, — be- 
stowed her favours in- 
stead of the price of the 
bath, Cic. Coel. 26. so 
quadrantaria is put for 
a mean harlot, yuinct. 
viil. 6. 

20 Juv. vi. 446. 

21 octava hora. 

22 Plin.Ep. iii.l.Mart. 
X. 48. Juv. xi. 205. 

23 exercitationes cam- 
pestres, post decisa 
negotia, campo, sc. 
Martio,— when busi- 



ness was over, in the 
Campus iMartius, Hor. 
Ep. 1. 7. 59. 

24 Hor. Sat. i. 5.48. Od. 
i.8. 11. 

25 Juv. vi. 216. Suet 
Aug. 83. Mart. vii. 31. 
see p. 315. 

26 Prop. iii. 12. 5. Hor. 
Sat. ii. 2. 11. Plaut. 
Rud. iii. 4. 16. MarU 
xiv. 45. 47. 

27 ab ioTralTa), rapio. 

28 Mart. iv. 19. vii. 31. 
Suet. Aug. S3. 



376 KOMAN ANTIQUITIES. 

Those who played at the ball were said ludere raptun^ vel 
pilam revocare cadentem, when they struck it rebounding from 
the ground : when a number played together in a ring, and 
the person who had the ball seemed to aim at one, but struck 
another, ludere datatim, vel non sperato fugientem reddere 
gestu; when they snatched the ball from one another, and 
threw it aloft, without letting it fall to the ground, ludere ex- 
pulsim, vel pilam yeminare volantem} 

In country villas there was usually a tennis-court, or place 
for playing at the ball, and for other exercises, laid out in the 
form of a circus ; hence called sph.eristerium.^ 

Young men and boys used to amuse themselves in whirling 
along a circle of brass or iron, set I'ound with rings, as our 
children do wooden hoops. It was called trochus,^ and GrcBcus 
trochus, because borrowed from the Greeks. The top (turbo 
vel buxum) was peculiar to boys.^ Some have confounded these 
two, but improperly. 

Those who could not join in these exercises took the air on 
foot, in a carriage, or a litter. 

There were various places for walking,^ both public and 
private, under the open air, or under covering.'' 

Covered walks (portigus, porticos or piazzas,) were built in 
different places, chiefly round the Campus 3Iartius and forum, 
supported by marble pillars, and adorned with statues and 
pictures, some of them of immense extent ; as those of Claudius, 
of Augustus, of Apollo, of Nero, of Ponipey, of Livia.^ 

Porticos were employed for various other purposes besides 
taking exercise. Sometimes the senate was assembled, and 
courts of justice held in them. 

A place set apart for the purpose of exercise, on horseback 
or in vehicles, was called gestatio. In villas it was generally 
contiguous to the garden, and laid out in the form of a circus.^ 

An enclosed gallery, Avith large windows to cool it in sum- 
mer, was called cryptoporticus, commonly with a double row 
of windows.*^ 

Literary men, for the sake of exercise,^" used to read aloud." 

As the Romans neither wore linen nor used stockings, fre- 
quent bathing was necessary both for cleanliness and health, 
especially as they took so much exercise. 

Anciently they had no other bath but the Tiber. They, in- 
deed, had no water but what they drew from thence, or from 



1 Luc. ad Pison. 173. Virg. Mn. vii. 378. Hor. Od. ii. 15, 16.Ep. Cic. Frat. 4. 

Plaut. Clurc. ii. 3. 17. Pers. iii. 51. i. 10. 22. Juv. iv. 5. 8 Plin. Ep. i. 3. ii. 17. 

Isid. i. 21. 5 Ambulacra vel am- vi. 60. 9 Id. v. 6. vii. 21. 

2 Suet. Vesp. 20. Plin. bulationes, ubi spalia- 7 Mart. Sped. ii. 9. 10 stomaclii causa. 
Ep. ii. 17. V. 6. rental-. Suet. Aug. ai. Ner.31. 11 Glare et intente !e- 

3 a rpe^m, cuiro. 6 Cic. Dom. 44. Or. ii. Prop. ii. 31. 1. Plin. gere, Plin, Ep. ix. ci6 
i Hor. Od. iii. 24. 57. 20. Att. xiii. 29. Q. Ep. i. 5. Ov. Trist. iii. 

Mart. xi. 22. xiv. 169. Frat. iii, 17. Gell. i. 2. 1, 59. Art. Am. i. b7 



ROMAN ENTERTAINMENTS. 377 

wells in the city and neighbourhood; as the fountain of Egevia, 
at the foot of Mount Aventine, of Mercury, &c.^ 

The first aqueduct at Rome aves built by Appius Claudius, the 
censor, about the year of the city 441.^ Seven or eight aque- 
ducts were afterwards built, which brought water to Rome, from 
the distance of many miles, in such abundance, that no city was 
better supplied. 

These aqueducts were constructed at a prodigious expense ; 
carried through rocks and mountains, and over valleys, sup- 
ported on stone or brick arches. Hence, it is supposed, the 
Romans were ignorant that water, conveyed in pipes, rises 
to the height of its ^source, whatever be the distance or inequality 
of ground through which it passes. It is strange they did not 
discover this fact, considering the frequent use they made of 
pipes "^ in conveying water. That they were not entirely 
ignorant of it appears from Pliny, who says, aqua in vel e 
plumbo subit altitudinem exortus sui, water in leaden pipes rises 
to the height of its source.^ The truth is, no pipes could have 
supported the weight of water conveyed to the city in the 
Roman aqueducts. 

The waters were collected in reservoirs, called castella, 
and thence distributed throughout the city in leaden pipes.^ 

WTien the city was fully supplied with water, frequent baths 
were built, both by private individuals, and for the use of the 
public ; at first, however, more for utility than show.'' 

It was under Augustus that baths first began to assume an air 
of grandeur, and were called therm.e,'' bagnios or hot baths, 
although they also contained cold baths. An incredible num- 
ber of these were built up and down the city. Authors reckon 
up above 800, many of them built by the emperors with amazing- 
magnificence. Tlie chief were those of Agrippa near the 
Pantheon, of Kero, of Titus, of Domitian,® of Caracalla, 
Antoninus, Dioclesian, &c. Of these, splendid vestiges still 



g , guest. In later times, rooms, oblong, and had two divisions, 
both public and private, were the one for mMles, and the other 
Bathing undoubtedly took built expressly for the purpose tor females. In both, warm or 
place first in rivers ard in the of bathing. The public baths of cold balhs could be taken. The 
sea, but men soon learned to en- the Greeks were mostly connect- warm baths, in both divisions, 
joy this pleasure in their own ed with the gymnasia, because were adjacent to each other, for 
nouses. Even Homer mentions they were taken immediately the sake or being easiiy heated. 
the use of the bath as an old after the athletic exercises. The In the midst of the building, on 
custom. When Ulysses enters Romans, in the period of their the ground-floor, was the heat- 
the palace of Circe, a bath is luxury, imitated the Greeks in ing-room, by which not only the 
prepared for him, afier wiiich he this point, and built niagniScent water for bathin;;, liut sometimes 
is anointed with costly perfumes, baths. The following desciip- also ihe floors of the adjacent 
and dressed in rich garments, tion applies both to the Greek rooms, were warmed. Above 
The bath, at this perioii, was the and Roman baths: — The build- the healing-room was an apart- 
first refreshment ofl'ered to the ing which contained them was ment in which three copper ket- 

1 Liv. i. 19. Ov. F. iii. 4 xxxi. 6. s. 31. tamentum, Scn.Ep. 86. 8 PUn. Ep. iv. 8. Dio. 

i7.>. V. 673 Juv. 1:1.13. 5 Pliu. xxxvi. 15. Hor, 7 Bep^iai, caloies, i. e. liii. 27. Mart. iii. 20. 

8 Dijd. XX. 36. lip. i. 11). 20. c.ilidae aqua:, Liv. vil. S3. Stat. Sylv. j.5. 

a fittula, 6 i.i lisLm iion oblec- xxxvi. 15. til. Suet. 5. 7. 

2i3 



37S 



ROMAN AMIQUITIES. 



The basin ^ where they bathed was called baptistekium, 
NATATio or PISCINA. The cold bath Avas called frigidarium, sc. 
ahenum vel balneum ; the hot, caldarium, and the tepid, tepi- 
DARiuM : the cold bath room, cella frigidaria : and the hot, 
CELLA CALDARiA ; the stove room, htpocauston, or vaporarium/ 



ties were walled in, one above 
another, so that the lowest {cal- 
darium) was immediately over 
the fire, the second [ttpiiarium] 
over the first, and the third (/n- 
gldariuin) over the second. In 
this way, either boiling, luke"- 
warm, or cold water could be 
obtained. A constant commu- 
nication was maintained between 
these vessels, so tliat as fast as 
hut water was drawn oft' from 
the caldarium, the void was sup- 
plied from the tepidarium, which 
being already considerably heat- 
ed, did but slightly reduce the 
temperature of the hotter boiler. 
The tepidarium, in its turn, was 
supplied from the piscina or fri- 
gidariura, and that from the 
aqueduct ; so that the heat which 
■was not taken up by the first 
boiler, passed on to the second, 
and instead of being wasted, did 
its ofKce in preparing the con- 
tents of the second for the higher 
temperature which it was to ob- 
tain in the first. The terms fri- 
gidarium, tepidarium, and cal- 
darium are applied to the apart- 
ments in which the cold, tepid, 
and hot baths are placed, as well 
as to those vessels in which the 
operation of heating the water is 
carried on. The coppers and 
reservoir were elevated consi- 
derably above the baths, to cause 
the water to flow more rapidly 
into them. 

The bathing rooms had, in the 
floor, a basin of mason-work, in 
which there were seats, and 
round it a gallery, where the 
bathers remained before they 
descended into the bath, and 
where all the attendants were. 
Persons going to bathe first en- 
tered the frigidarium; they then 
went into the tepidiirium, which 
prepared their bodies for the 
more intense heat which they 
were to undergo in the vapour 
and hot haths ; and, vice vent, 
softened the transition from the 
hot bath to the external air. A 
doorway led from the te|)id:irium 
into the caldarium. It had on 
one side the laconicum, where a 
vase for washing the hands and 
lace was placed, called labrum. 
On the opposite side of the room 
was the hot bath, called luva- 
crum. Vitruvius,- V. 11, explains 
the structure of the apartment: 
" Here should be placed the 
vaulted sweating-room {cQuca- 
•ji'^rata sudulio), twice the length 
of its width, which should have 



at each extremity, on one end 
the iaciitiicum, on the other end 
the hot bath." Vitruvius never 
mentions the laconicum as being 
separated from the vapour bath ; 
it may, therefore, be presumed 
to have been always connected 
with it in his time, although in 
the thermcB constructed by the 
later emperors it appears always 
to have formed a separate apart- 
ment. In the baths of Pompeii 
they are united, and adjoin the 
tepidarium, exactly agreeing 
with the descriptions of Vitu- 
vius. The laconicum is a large 
semicircular niche, seven feet 
wide, and three feet six incnes 
deep, in the middle of whicli 
was placed a vase or labrum. 
The ceiling was formed by a 
quarter of a sphere, it had on one 
side a circular opening, one foot 
six inches in diameter, over 
which, according to Vitruvius, a 
shield {cli/peus) of bronze was 
suspended, which, by means of a 
cham attached to it, could be 
drawn over or drawn aside from 
the aperture, and thus regulated 
the temperature of the bath. 

In tne magnificent thfrma 
erected by the emperors, edifices 
in which architectural magnifi- 
cence appears to have been car- 
ried to its extreme point, not 
only was accommodation pro- 
vided for hundreds of bathers at 
once, but spacious porticos, 
rooms for athletic games and 
playing at ball, and halls for the 
public lectures of philosophers 
and rhetoricians were adderi one 
to another, to an extent which 
has caused them, by a strong 
figure, to be compared to pro- 
vinces, and at an expense which 
could only have been supported 
by tlie inexhaustible treasures 
which Rome drew from a sub- 
ject world. There were many 
of these establishments at Rome, 
built mostly by the emperors, 
lor few private fortunes could 
suffice to so vast a charge. Thoy 
were open to the public at first 
on the payment of t!ie loiirth of 
an as (quadrnns), which is less 
than a farthing. Agrippa be- 
queathed his gardens and baths 
to the Roman people, and as- 
signed particular estates for 
their support, that the public 
might enjoy tliem gratuitously. 
The splendid edifice now known 
as the Pantheon, served as the 
vestibule to hii- baths. At a 
lalei period the bathers in some 



thermae were supplied gratui- 
tously even with unguents; pro- 
bably it was so in all those built 
by the emperors. The chief 
were those of Agrippa, Nero, 
Titus, Domitian, Antoninus Ca- 
racalla, and Diocletian; but 
Ammianus Marcellinus reckons 
sixteen of them, and otlier au- 
thors eighty. 

These edifices, dittering of 
course in magnitude and splen- 
dour, and the details of the ar- 
rangement, were all constructed 
on a common plan. They stood 
among extensive gardens and 
walks, and olten were surround- 
ed by a portico. The main build- 
ing contained extensive halls 
for swimming and bathing; 
others for conversation ; others 
for various athletic and manly 
exercises; others for the decla- 
mation of poets and the lectures 
of philosophers ; in a word, for 
every species of polite and man- 
ly amusement. These noble 
rooms were lined and paved 
with marble, adorned with the 
most valuable columns, paint- 
ings, and statues, and furnislied 
with collections of books for the 
sake of the studious who resort- 
ed to them. 

On enlering the IherniiB, 
where there was always a great 
concourse of people, the bathers 
first proceeded to undress, when 
it was necessary to hire persons 
to guard their clothes : tiiese 
the Romans called capsarii. 
ihey next went to the unctuari- 
uni, \? lie re they anointed all 
over with a coarse cheap oil be- 
lore they began their exercise. 
Mere the finer odoriferous oint- 
ments, which were used in com- 
ing out of the bath, were also 
kept, and tlie room was so situ- 
ated as to receive a considerable 
degree of heat. This chamber 
of perfumes was quite full of 
pots, like an apothecary's shop; 
and those who wished to anoint 
and perfume the body received 
perfumes and unguents. In the 
subjoined representation of a 
Roman bath, copied from a 
painting on a wall forming part 
of the baths of Titus, the elajo- 
thesium appears filled with a 
vast number of vases. These 
vises contained perfumes and 
balsams, very different in their 
compositions, according to the 
difiercnt tastes of the perscms 
who perfusied themselves. The 
rliodinum, one of those liquid 



2 Plin. Ep. v. 6. Vitr. v. 10. C:c. Q, ."^rat, 



KOMAN e:ntertainments. 



379 



warmed by a furnace ^ below, adjoining to which were sweating 
rooms, SUDATORIA, yel assa, sc. balnea'^ the undressing rooro, 
APODiTERiuM ; the perfuming room, unctuarium. Several im- 
provements were made in the construction of baths in the time 
of Seneca.^ 

The Romans began their bathing with hot water, and ended 
with cold. The cold bath was in great repute after Antonius 
Musa recovered Augustus from a dangerous disease by the use 
of it, but fell into discredit after the death of Marcellus, which 
was occasioned by the injudicious application of the same 
remedy.^ 



perfumes, was composed of 
roses; the liriiium of lily, cy- 
prinuni of the flower of a tree 
called cypria, which is believed 
to be the same as the privet ; 
baccarinum, from the foxglove ; 
myrrhinum was composed of 
myrrh. Perfumes were also 
made of the oil of sweet marjo- 
ram, called amaracinum; of la- 
vender, called nardinum -, of the 
■wild vine, called oenanthinum. 
There was also the cinamomi- 
num, made of cinnamon, the 
composition of which was v.ry 
costljr ; oil made from the iris, 
called irinum ; the balaninum, 
or oil of ben ; the scrpyllinum, 
•wild thyme, with which they 
rubbed their eyebrows, hair, 
neck, and head ; they rubbed 
their arms with tlie oil of sisym- 
brium or watermint, and their 
muscles with the oil of anarcuin, 
or others which have been men- 
tioned. An amusing story rela- 
tive to this practice of anointing 
is related by Spartianus. " The 
emperor Hadrian, who went to 
the public baths and bathed with 
the common people, seeing one 
day a veteran whom he had for- 
merly known among tlie Roman 
troO|S, rubbing his back and 
other parts of liis body against 
the marble, asked him wtiy he 
did so. The veteran answered 
that he had no slave to rub him, 
whereupon the emperor gave 
him two slaves and wiierewithal 
to maintain them. Another day 
several old men, enticed by the 
i ood fortune of the veteran, 
rubbed themselves also against 
the marble betore the emperor, 
believing by this means to excite 
the liberality of Hadrian, who 
perceiving their driCt caused 
them to be told to rub each 
other." When anointed, they 
immediately passed into ttie 
sphasristerium, a very light and 
extensive apartment, in which 
were performed ttie niiuiy kinds 
of exercises to which tliis third 
part of the baths was appropri- 
ated ; of these, the most favou- 



rite was the ball. When its 
situation permitted, this apart- 
ment was exposed to the alter- 
noon sun, otherwise it was sup- 
plied with heat from the furnace. 
After they liad taken what de- 
gree of exercise they thought 
necessary, they went immedi- 
ately to the adjoining warm bath, 
wherein they sat and washed 
themselves. The seat was be- 
low the surface of the wat r, 
and upon it they used to scrape 
themselves with instruments 
called strigiles, most usually of 
bronze, but sometimes of iron ; 
or this Operation was performed 
by an aJtendant slave, much in 
the way that ostlers treat horses 
when they come in hot. Young 
laves then came out of theeUo- 



thes 



carry! 



vith them lit- 



tle vases of alabaster, bronze. 




and terra-col ta, full of perfumed 
oils, with which they had their 
bodies anointed, by caus'ng the 
oil to be slightly rnbbfd over 
every part, even to the soles of 
their feet. 

The subjoined cut represents 
the several apHrtmenIs which 
we have described ; but has the 
bath in a chamber separate from 
the laconicum, or conciimerata 
sudatio ; while ai the same lime 
the laconicum itself is repre- 
sented as a small cupola. And 
as the number of ti-ures makes 
it evi.lent that lh» painting is 
intended for a public bath, we 
may draw from hence a further 
reason for supposing that the 



laconicum and hot bath itself 
were separated in consequence 
of the increasing numbers who 
attended them. Below is the 
hypocaustum, or furnace ; at the 
side are the boilers, as described 
by Vitruvius. 

It is probable that the Romans 
resorted to the thermie tor the 
purpose of bathing, at the same 
time of tlie day that others were 
accustomed to make use of their 
private baths. This was gene- 
rally from two o'clock in the 
afternoon till the dusk of the 
evening, at which time the batlis 
were shut till two the next day. 
This practice, however, varied 
at difterent times. Notice was 
given when the baths were ready 
by ringing a bell ; the people 
then left the exercise of the 
sphaeristerium and hastened to 
the caldai-ium, lest tlie J water 
should cool. But when bathing 
became more universal among 
the Romans, this part of the day 
was insufficient, and they gradu- 
ally exceeded the hours that had 
been allotted for tliis purpose. 
Between two and three in the 
afternoon was, however, the 
most eligible time for the exer- 
cises of the palaestra and the use 
of the baths. It must be under- 
stood that we are now speaking 
of the days about the equinoxes; 
for as the Romans divided their 
day, from sunrise to sunset, into 
twelve hours, at all seasons of 
the year, the hours of a sum- 
mer's day were longer, and those 
of a winter's day shorter, than 
the mean length, continually 
varying, as the sun approached 
or receded from the solstice- 
Hadrian forbade any one but 
those who were sick to enter the 
public baths before two o'clock. 
The thermae were by fe* emper- 
ors allowed to be continued open 
S') late as five in the evenini;. 
JMarlial s:iys, that after four 
o'clock they di:manded a hun- 
dred quadrantes of those who 
bathed. This, though a hundred 
times the usual price, only a- 



1 propipneum vfI pra:- 2 Sen. Ep. 5'2. 9(i. ("Ic 
furuium.Pliii.Ep.ii.i;. Q- ^''dt. i'i. 1. I'Uii 



Rp. ii. 17. V. 6. 
■6 :>ucl. Aug. 59. 81. 



Pli 



1. Hor. U'n. 



580 



ROMAN ANTIQUITIES. 



The person \tIio had the charge of the bath was called 
BALNEATOR.'^ He had slaves under him, called capsarii, who 
took care of the clothes of those who bathed. 

The slaves who anointed those who bathed were called 

ALIPT^, or UNCTORES.^ 

The instruments of an 
aliptes were a curry- 
comb or scraper (strigi- 
Lis, V. -il) to rub off'^ 
the sweat and filth from 
the body, made of horn 
or brass, sometimes of 
silver or gold,^ Mhence 
strigmenta for sordes; 
— towels or rubbing 
cloths (lintea) ; — a vial 
or cruet of oil (gut- 
Tus), usually of horn/ 
hence a large horn was called rhinoceros; — a jug (ampulla);" 





mounted to about nineteen pence 
We leeirn from the same author, 
that the baths were opened 
8:imelinies earlier than two 
o'llock. He says, that Nero's 
baths were exceeding hot at 
twelve o'clock, and the steam of 
the water immoderate. Alex- 
ander Severus, to gratify the 
jjeople in their passion for bath- 
ing, not only suflcred the thermae 
to be opened before break ofday, 
■which had never been pcrmilted 
before, but also furnished the 



lamps with oil for the conveni- 
ence of the people. 

trom this time it appears that 
the Romans continued equally 
attached to thi' practice of bath- 
ing until the lemoval of the seat 
of empire to Constantinople; 
after which we have no account 
of any new thermae being built, 
and may suppose that most of 
those which were then frequent- 
ed in the city of Rome, for want 
of the imperial patronage, gra- 
dually fell into decay. It may 



likewise be remarked, that the 
use of linen became every day 
more general ; that great dis- 
orders weie committed in the 
biiths, a proper care and attention 
in the management of them not 
being kept up; and that the 
aqueducts by which they were 
supplied with water were many 
ol them ruined in the frequent 
invasions and inroads of the bar- 
barous nations. All these causes 
greatly contributed to hasten the 
destruction of the baths. 




1 elJEOthesium. 3, 7 tepidarium. 5 balneum. 9 clypeus. 

2, 8 frigidarium. 4 coucauierata sudatio. 6 caldarium. lU laconiti 



1 Cic Coel. 26. Phil. 71.3. Sat. il. 7. 110. Pers. v. 
xiii. 13. 3 addefricandum efde- 12ti. Mart. xiv. 1)1.. Sen. 

2 Gic. Fam. i. 9. 35. slringendum vel raden- Ep. 95. .luv. xi. 158. 
Jnv. iii. 76. vi. 4:21. duni. i> coriiciis. 

iUart. vii. ii. 6. xii. 4 ;buet. Aug. SO. Hor. C Juv. iii. s63. vii. 130. 



M.irt. xiv. 52, S3, ael. 
xvii 8. I'laut.Slich. i. 
J. 77. Pors. i.3. 44. 



ROMAN ENTERTAINMENTS. 381 

— and a small vessel called lenticula. The slave \\\\o had the 
care of the ointments was called unguentarius.^ 

As there was a |»^reat concourse of people to the baths, 
poets sometimes read their compositions there, as they also did 
in the porticos and other places, chiefly in the months of July 
and August.^ 

Studious men used to compose, hear^ or dictate something- 
while they were rubbed and wiped.^ 

Before bathing, the Romans sometimes used to bask them^ 
selves in the sun.* 

Under the emperors, not only places of exercise/ but also 
libraries,^ were annexed to the public baths.^ 

The Romans after bathing dressed for supper. They put on 
the SYNTHESIS ^ and slippers ; which, when a person supped 
abroad, were carried to the place by a slave, with other things 
requisite ; a mean person sometimes carried them himself. It 
was thought very v/rong to appear at a banquet Avithout the 
proper habit, as among the Jews.^ 

After exercise and bathing, the body required rest ; hence 
probably the custom of reclining on couches at meat. Before 
they lay down they put off their slippers that they might not 
stain the couches. ^^ 

At feasts the guests were crowned with garlands of flowers, 
herbs, or leaves,^^ tied and adorned with ribands,^^ or with the 
rind or skin of the linden tree.^^ These crowns, it was thought, 
prevented intoxication ; hence cum corona ehrius.^^ 

Their hair also Avas pei-fumed with various ointments, nard 
or spikenard,^^ malobathrum assyrium, amomum, balsamum ex 
Jud(Ba. When foreign ointments were first used at Rome is 
uncertain ; the selling of them was prohibited by the censors, 
A. U. 565.16 

The Romans began their feasts by prayers and libations to 
the gods.^'' They never tasted any thing without consecrating 
it; they usually threw a part into the fire as an otFering to the 
Lares, therefore called dii patellarii ; hence dapes LiBATiE, 
hallowed viands ; ^^ and when they drank they poured out a part 
in honour of some god on the table, \\hich was held sacred 
as an altar, with this formula, libo tibi, I make libation to 

1 Serv.Virg.iEn. i.697. sc. Spurrina, he uii- ii. 8- 77. ta, nardum, vel -us. 

2 Hor. Sat. i. 4. 73. dresses himself, and if 11 serta, coronae vel co- 16 Mart. iii. 1^. Virg. 
Mart. iii. 44. 10. Juv. there happens to be no rollae. Eel. iii. 8U. iv.25. Plin. 
i. 12. iii. 9. vii. 39. wind,he walks for some 12 vittae, t3eniae,vellem- xii. 25. s. 54. &c. xiii. 
Plin. Ep. i. 13. iii. 18. time in the sun. nisei. 3 s. 5. 

vii. 17. viii. 12. 21. 5 gvmnasia et palestrae. 13 philyra, Hor. Od. ii. 17deosinvocaDant,Ouin. 

Suet. Aug. 89. Claud. 6 bibliotheca. 7. 23. ii. 11. 13. Sat. i:. v. pr. libare diis Uapes 

41. Domit. 2. 7 Sen. Tranq. An. 9. 3. 256. Virg. Eel. vi. et bene precari, to offer 

3 Suet. Aug. 85. Plin. 8 vestis coenatoria vel 16. Juv. v. 36. xv. SO. libations to the gods, 
Ep. iii. 5. iv, 14. accubitoria. Mart. xiii. 127. Ov. F. and to pray for happi- 

4 sole uti, Plin. Ep. iii. 9 Ho,. Ep. 1. 13. 15. v. 337. Plin. xvi. 14. ness, Liv. xxxix. 43. 
l.i. vi. 16. Sen. Ep. Cic. Vat. 12. Matth. 14 Plaud. Pseud, v. '.'. 2. 18 Tibul. i. 1. 19. Plant. 
73. in sole, si caret xxii. 11. Amph. iii. 4. 16. Cisl. ii. 1. 46. Hv.ir. 
Tento, ambulet iiudus, 10 Mart. iii.50.Hor, Sat. 15 unguenta vel aroma- Sat. ii. 6. 67. 



3S2 



ROMAN ANTIQUITIES. 



thee.^ The table was consecrated by setting- on it the image's 
of the Lares and salt-holders.^ 

Salt was held in great veneration by the ancients. It was 
always used in sacrifices ; thus also Moses ordained.^ It was the 
chief thing eaten by the ancient Romans with bread and 
cheese,* as cresses ^ by the ancient Persians. Hence salarium, 
a salary or pension ; '' thus, salaria multis subtraxit, quos otiosus 
vidtbat accipere, sc. Antoninus Pius.^ 

A family salt-cellar ^ was kept with great care. To spill the 
salt at table was esteemed ominous.'^ letting the salt before a 
stranger was reckoned a symbol of friendship, as it still is by 
some eastern nations. 

From the savour which salt gives to food, and the insipidity 
of unsalted meat, sal was applied to the mind ; hence sal, wit or 
humour; salsus, witty; msu/sus, dull, insipid; sales, witty 
sayings ; sal Atticum, sales urbani, sales intra pomceria natty 
polite raillery or repartees; sal niger^ i. e. amari sales, bitter 
raillery or satire ; ^^ in Hor, Sat. ii. 4. 74, sal nigrum means 
simply black salt. 

Sal is metaphorically applied also to things; thus, tectum plus 
salis quam sumptus habtbat, the house displayed more of neat- 
ness, taste, and elegance, than of expense. 'Nulla in corpore 
mica salis.^^ 

The custom of placing the images of the gods on the table, 
prevailed also among the Greeks and Persians, particularly of 
Hercules • hence called epitrapezius, and of making libations.*^ 

In making an oath or a prayer, the ancients touched the 
table .as an altar, and to violate it by any indecent word or 
action was esteemed impious.^^ To this Virgil alludes, iKn. vii. 
lU. 

As the ancients had not proper inns for the accommodation 
of travellers, the Romans, when they were in foreign countries, 
or at a distance from home, used to lodge at the houses of 
<;ertiiin persons, whom they in return entertained at their houses 
in Rome. This was esteemed a very intimate connection, and 
called HospiTiuM, or Jus hospitii}^ Hence hospes is put both for 
a host or entertainer, and a guest.^^ 

This connection was formed also with states, by the whole 



1 Macr. Sat. iii. U. 
Virg .En. i. 73fi. Sil. 
vii, 185. 718. Vlaut. 
Cure. i. 2.31.0V. Am. 
i.4.27. Tac.Ann.xv.64. 

2 saHnorum appositii, 
Arnob. ii. 

3 tievit. ii.l3. Hor.Od, 
iii. 23. 20. Plin. xxvi. 
7. s. 41. 

4 Hor. Sat. iu 2. 17. 

5 nastai'tium. 

(a Cic.Tus'.-. v.34.Suet. 
Tib. 46. Mart. iii. 7. 



7 Gapitolln. in vita ejus, 
7. 

8 paternum salinum, sc. 
vas. 

9 Hor. Od. ii. 16. 14. 
Fest. 

10 Plin. xxxi. 7- s. 41. 
Cic. Fam. ix. 15. Juv. 
ix. 11. Uor. Kp. ii. 2. 
60. 

11 Nep. Att. 13. Gatul. 
8t. (86. of Doering's 
edition) 4. 

12 Stat. Sylv. iv. 6. 60. 



Mart. ix. 44. Curt. v. 8. 

13 Ov. Am. i.4.27. Juv. 
ii. 110. 

14 Liv. i. 1. 

15 0v.Met.x.224.Plaut. 
Most. ii. 2. 48, Cic. 
Dejot. 3. accipere hos- 
pitem iion miilti cibi 
sed multi joci, Cic. 
Fam. ix. 26. dlvertere 
ad liospitem. Divin. i. 
27, s. 57. Fin. v, 2L 
hospitium cum aliquo 
facere, Liv. Cic. jun- 



gimus hospitio dex- 
tras, sc. in, Virg. Mn. 
iii. 83. hospitio conjun- 
gi, Cic Q. Fr. i, 1. 
hospitio aliquem exci- 
pere et accipi , renun- 
ciare hospitium ei, 
Verr. ii. 36. Liv, xxv. 
18. amicltiam ei moro 
majol-um renunciare. 
Suet. Gal. 3. Tac. Ann, 
ii. 70.domo interdicere, 
Tac. Aim. ii. 70.vi.29. 
Aug. 66. 



ROMAN ENTERTAINMENTS. 383 

Komaii people, or by particular persons. Hence clientelcB 
hospitiaque provincialia, attachments and dependencies in the 
provinces.^ Publici hospitii jura, Plin. iii. 4. 

Individuals used anciently to have a tally (tessera liospitali- 
tatis), or piece of wood cut into two parts, of which each party 
kept one. They swore fidelity to one another by Jupiter, hence 
called HOSPiTALis. Hence a person who had violated the rites 
of hospitality, and thus precluded himself access to any family, 
was said confregisse tesseram.^ 

A league of hospitality was sometimes formed by persons at 
a distance, by mutually sending- presents to one another.^ 

The relation of hcs^pites was esteemed next to that of parents 
and clients. To violate it was esteemed the greatest impiety.* 

The reception of any stranger was called hospitium, or plur. 
-lA, and also the house or apartment in which he was enter- 
tained ; thus, hospitium sit tua villa meum ; divisi in hospitia, 
lodgings; hospitals cubiculum, the guest-chamber;^ hospitio 
utebatur Tulli, lodged at the house of. Hence Florus calls 
Ostia, maritimum urbis hospitium^ the maritime store house of 
the city.*" So Virgil calls Thrace, hospitium antiquum Tiojds, a 
place in ancient hospitality with Troy. Linquere pollutum 
hospitium, to abandon a place where the laws of hospitality had 
been violated, i. e. locum in quo jura hospitii violata fuerant? 

The Roman nobility used to build apartments ^ for strangers, 
called HOSPiTALiA, on the right and left end of their houses, with 
separate entries, that upon their arrival they might be received 
there, and not into the peristyle or principal entry ; peristylium, 
so called because surrounded Avith columns.^ 

The ccENA of the Romans usually consisted of two parts, 
called MENSA prima, the first course, consisting of di/Terent kinds 
of meat; and mensa secunda vel altera, the second course, 
consisting of fruits and sweetmeats.^" 

In later times the first part of the c(£na was called gustatio, 
or GusTus, consisting of dishes to excite the appetite, a whet, 
and wine mixed with water and sweetened with honey, called 
MULSUM ; ^^ whence what was eaten and drunk ^- to whet the 
appetite, was named promulsis,^^ and the place whex'e these 
things were kept, promulsidarium, v. -re, or gustatorium.^* But 
gustatio is also put for an occasional refreshment through the 
day, or for breakfast.^^ 

1 Liv. ii. 22. V. 28. sents which Ceedicas 6 Liv. 1. 35, Flor. L 4. s. 17. Plin. xxiu 24. 
xxxvii. 54. Cic. Verr. sends when, in ab- 7 Viig. Mn. iii. 15. 6l. 12 antecoena. 

iv. 65. C.it. iv. 11. sence, he formed with 8 domunculae. 13 Cic. Fam. ix. 16. 23. 

Balb. 18. Caes. B. G. him a.leacue Of hospi- 9 Vitr. vi. 10. Suet. Sen. Ep. 123. 

1.31. tality, Virg. ^n. IX. Aug. 82, 14 Petr.bl. Plin. ix. 12. 

2 Plaut. Pcen. v. 1.22. 361. 10 Serv. Virg. Mn. i. Ep. v. 6. Mart. xiv. 
2. 92. Cist. it. 1. 27. 4 Gell.i. 13. Viig. iEn. 216. 723. viii. 283. 88. 

Cic. O. Fr. ii. IJ. v. 55. Cic. Verr. v. 42. 11 Petr. ^2.31. Mart.xi. 15 Plin. Ep. iii. 5. vi. 

8 qiiacTiuittit dona, hos- 5 O v. F. vi. 536. Pont. 32. S3. Hor. Sat. ii. 4. 16. Suet. Aug. 76. Voj>. 

pitio q.mm juugeret i. 8. 69. Liv. i. 5a ii. 26. Cic Tnsc. iii. 10. Tac. 11. 

ttbBciis, Ca;dicus,--pre- 14. Orat. ii. 70. Fin, ii. 5. 



384 ROMAN ANTIQUITIES. 

The principal dish at supper was called ccrn.s caput vel 

POMPA.^ 

The Romans usually began their entertainments with egos, 
and ended with fruits : hence ab ovo usque ad mala, from the 
beginning to the end of supper.^ 

The dishes ^ held in the highest estimation by the Romans 
are enumerated by Gellius, Macrobius, Statins, Martialis, &c.^ 
a peacock, (pavo, v. -us)^ tirst used by Hortensius, the orator, 
at a supper Avhich he gave when admitted into the college of 
priests , a pheasant (phasiana, ex Phasia Colchidis jluvio) ;^ a 
bird called attagen vel -ena, from Ionia or Phrygia ; a guinea- 
hen {avis Afra, gallina Numidica vel Africana)\^ a Melian 
crane, an Ambracian kid ; nightingales, lusciniee ; thrushes, 
turdi ; ducks, geese, &c. Tomaculum,^ vel isicium,^" sausages or 
puddings.^^ 

Sometimes a Avhole boar was served up (hence called animal 
PROPTER coNviviA NATuM, and POROUS TROJANus), stufted with the 
ilesh of other animals.^- 

The Romans were particularly fond of fish ;^'' muUus^ the 
mullet ; rhombus^ thought to be the turbot ; murdena, the 
lamprey ; scarus, the scar, or schar ; acipenser, the sturgeon ; 
lupuSy a pike, &c. ; but especially of shell-fish, pisces testacei, 
pectineSy pectunculi, vel conchylia, ostrea, oysters, &c., which 
they sometimes brought all the \vay from Britain,^* from Rutupia, 
Richborough in Kent ; also snails {cocIiIccb). 

Oyster-beds^^ were first invented by one Sergius Arata, before 
the Marsic war, A. U. G60, on the shore of Baiaj,^'' and on the 
Lucrine lake. Hence Lucrine oysters are celebrated. .Some 
preferred those of Brundusium ; and to settle the difference, 
oysters used to be brought from thence, and fed for some time 
on the Lucrine lake.^^ 

The Romans used to weigh their fishes aliAe at table ; and to 
see them expire was reckoned a piece of high entertainment.^'' 

The dishes of the second table, or the dessert, were called 
bellaria ; including fruits, poma vel mala, apples, pears, nuts, 
figs, olives, grapes ; pistachids, vel -a, pistachio nuts ; amygdalcs, 
almonds; wtJ^ joassce, dried grapes, raisins; caricae, dried figs ; 
palmulcB^ caryotds, vel dactyli, dates, the fruit of the palm-tree ; 
boletiy mushrooms ;^^ nuclei pinei, the kernels of pine-nuts; also 
sweetmeats, confects, or confections, called edulia mellita vel 
dulciaria ; cwpedicB ; crustula^ liba, placentds, artologani, cheese- 

1 Martx.31.Clc.Tusc. 5 Hor. Sat. ii. 2. 23. 142. fundo. Juv. iv. 141. 
V. 3+. Bin. ii. 8. Juv. i. U3. 9 a re^vo.. Plin. Ep. i. IS. 

2 Hor. Sat. i. 3. 6. Cic. 6 aditiali coena sacer- 10 ab inseco. 15 ostrearum vivaria. 
Fam. ix. -.iO. dolii, Piin. x. 20. s. 23. 11 Juv. x 355. Mart. i. 16 in Baiano. 

3 edulia. 7 Mart. i,i. 5S. xiii. 72. 42. 9. Fetr. 31. 17 Piin. ix. 54. s. 79. 

4 Gell. vii. 16. Macrob. Sen. Helv. 9. Petr.79, 12 Juv. i. JU. Macrob. Hor. Ep. ii. 49. 

Sat ii. 9. Stat. Silv. Manil. v. 372. Sat. ii. 2. 18 Piia. ix. 17. 9. .lO. 

iv. 6. 8. Mart. V. 79. ix. 8 Hor. Ep. iL 54. Mart. 13 Macrob. Sat. ii, 11. Sen. Nat. Q. iiJ. 17, Id. 
48. xi. 53. «cc. xiii. 61, 73. Juv. xi. 14 Rutupiuoque edita 19 Pliu. Ep. i. 7. 



ROMAN ENTERTAINMENTS. 



385 



cakes, or the like; coptce, almond-cakes; scriblit<B, tarts, &<^, 
whence the maker of them, the pastry-cook, or the confectioner, 
was called pistor vel conditor dulciarius, placentarius, libarius. 
crustularius, &c. 

There were various slaves %vho prepared the victuals, who 
put them in order, and served them up. 

Anciently the baker and cook [pistor et coquus vel cocus) 
were the same.^ An expert cook was hired occasionally, Avhose 
distinguishing- badge was a knife which he carried. But after 
the luxury of the table was converted into an art, cooks were 
purchased at a great price. Cooks from Sicily in particular 
were hig-hly valued ; hence SiculcB dapes, nice dishes.''^ 

There Avere no bakers at Rome before A. U. 580 ; baking- 
was the work of the women ; but Plutarch says, that anciently 
Roman women used neither to bake nor cook victuals. "^ 

The chief cook, who had the direction of the kitchen,* was 
called ARCHiMAGiRus.^ The butler, who had the care of pro- 
visions, pROMus coNDus, pvocurato)' peniJ" He who put them in 
order, structor, and sometimes carved, the same with carptor, 
carpus, or scisso?: He who had the charge of the hall, 
atriensis.' 

They were taught carving as an art, and performed it to the 
sound of music, hence called chironomontes vel gesticulatores.^ 

The slaves who Avaited at table AAere properly called ministri, 
lightly clothed in a tunic, and girt^ Avith napkins,^" Avho had 
their different tasks assigned them ; some put the plate in 
order; ^^ some gave the guests Avater for their hands, and towels 
to wipe them ; ^^ some served about the bread ; some brought in 
the dishes,^'^ and set the cups ; some carved ; some served the 
Avine,^* &c. In hot weather there Avere some to cool the room 
Avith fans,^^ and to drive aAvay the flies. ^^ Maid-servants ^' also 
sometimes served at table. ^^ 

When a master Avanted a slave to bring him any thing-, he 
made a noise Avith his fingers.^^ 

The dishes Avere brought in, either on the tables themselves, 
or more frequently on frames (fercula vel repositoria), each 
frame containing- a variety of dishes; hence prcebere ccsnam 
ternis vel senis ferculis^ i. e. missibuSy to give a supper of three 
or six courses.^" ^nt fercula is also sometimes put for the dishes 



1 Fesf. Plaut. Aul. ii. 4. 
185. iii. 2,3.Pseud. iii, 
2, 3. 30. 

2 Li\r. xxxix. 6. Plin, 
is. 17. s. 31. iWart.xiv. 
220. Athen. xiv. 23, 
Hor. Od. iii. 1. 18. 

3 Plin. xviii. 11. s. 23. 
\'ar. R. Rust. ii. 10, 
Quxst. Rom. 84. s 



aj. 



I coquinae proeerat. 



5 Juv. ix. 109. 

6 penus autem omne 
quovescuntur homines, 
Cic. Nat. D. ii. 27. 
Plaut. Pseud, ii. 2. 11. 
Hor. Sat. ii. 2. 16. 

7 Mart. ix. 48. Juv. v. 
130. vii. 134. i.x. 110. 
xi. 136. Cic. Par. v. 2. 

8 Juv. V. 121. xi. 137. 
Petr. 35, 36. 

9 succinuti, vel alt;; 

9 



cincti, Hor. Sat. iu 6. 
107. ; 3. 10. 
10 lintels succincti,Suet. 
Gal. 26. 

11 argentam ordinabant. 
Sen. Brev. Vit. 12. 

12 Petron. 31. 

13 opsonia inferrebant. 

14 Virg. yEn. i. 705, 
Juv. V. 56.59. &c. 

15 flabella. 

Iti Mart. iii. 82. 



17 famulae. 

18 Virs..a:n.i.703.Suet. 
Tib. 42. Curt. V. 1. 

19 digitis crepuit. Mart, 
iii. 82. vi. 89. xiv. 119. 
Petr. 27. 

20 Petr. 35. 66. Plin. 
xxviii. 2. s. 5. xxxiii. 
ll.s.49.53. Suet.Au6. 
74. Juv. i. 93. 



386 



ROMAN ANTIQUITIES. 



or the meat. So mens.e ; thus mensas, i. e. lances magnas instar 
niensarum, repositoriis impomre} Sometimes the dishes ^ were 
brought in and set down separately.^ 

A large platter* containing various kinds of meat was called 
MAZONOMUM ; ^ which was handed about, that each of the guests 
might take what he chose. Vitellius caused a dish of immense 
size to be made, which he called the Shield of Minerva, filled 
with an incredible variety of the rarest and nicest kinds of 
meat.** 

At a supper given to that emperor by his brother upon his 
arrival in the city,^ 2000 of the most choice fishes, and 7000 
birds, are said to have been served up. VitelHus used to 
breakfast, dine, and sup with different persons the same day, 
and it never cost any of them less than 400,000 sesterces, about 
^3229, 3^. 4d Thus he is said to have spent in less than a 
year, novies millies H. S. i. e. £7,265,625.^ 

An uncommon dish was introduced to the sound of the flute, 
and the servants Avere crowned with flowers.^ 

In the time of supper the guests were entertained with music 
and dancing, sometimes with pantomimes and play-actors ; ^'^ 
with fools ^^ and buffoons, and even with gladiators ; ^- but the 
more sober had only pei*sons to read or repeat select passages 
from books (anagnost.e vel acroamata). Their highest pleasure 
at entertainments arose from agTeeable conversation.^"^ 

To prevent the bad effects of repletion, some used aft^r 
supper to take a vomit : thus Caesar {accubuit, £f4,£T{Kyiv agehat, 
i. e. post coenaiii vomere volebat^ ideoque largius edebat, wished 
to vomit after suppei', and therefore eat heartily),^* also before 
supper and at other times.^^ Even women, after bathing before 
supper, used to drink wine and throw it up again to sharpen 
their appetite.^" 

A sumptuous entertainment ^^ was called auguralis ; pontiki- 
CALis vel pontificum ; saliaris, because used by these priests ; or 
DUBiA, ubi tu dubites, quid sumas potissimum}^ 

When a person proposed supping with any one without in- 
vitation, or, as we say, invited himseUV^ he was called hospks 
oblatus, and the entertainment, subita condictaquk C(enula.~" 

1 Hor. Silt. ii. 6. 104. 7 coena adventitia. 13 Cic. Sen. 14. Hor. of Falernian is drunk 
-Mart. iii. 50. ix. 83. xi. 8 Dio.lxv.3. Tac. Hist. Sat. ii. 6. 70. up belore meat, to pnj- 
o2. Auson. Kpigr. 8. ii. 95. 14 Cic.Att. xiii. 52. Dej. yoke an eager appetite, 
Juv. xi.64. Plin.xxxiii. 9 Macrob. Sat. ii. 12. 7. Juv. vi. 427. 

11. S.49. Petr.34. 47. 10 Hetr. 35, 36. Piauf. 15 Suet, Vit. 13. Cic. 17 ccena lauta, opiraa vel 

t)8. Stich, ii.2. 56. Spart. Pliil. ii. 41. Gels. i. 3. opipara. 

2 patinas vel catini. Adrian. 26. vomunt, ut edunt; e- ISCic. Fam. vii.26.Att. 

3 Hor. Sat. ii. 8. 42. 2. 11 moriones, Plin. Ep. dunt, ut vomant, they v. 9. Hor Od. i. 37. ii. 
39. ix. 17. Capit. Vero. 4. vomit, that they may 1-1. 2rf. Sat. ii. 2. 76. 

4 lanx vel scutella. 12 Cic. Att. i. 12. Fam. eat; they eut, that tiiey Ter. Phor. ii. 2. 28. 

5 ai'«,atu, tribuo, ei^aja, v. 9. Nep. Att. xiii. may vomit, Sen. Helv. 19 coenum eicondixil vel 
edulium quoddam e la- 14. Suet. Aug. 78. Plin. 9. ad coenam, Cic. Fam. 
rina et lacte. Ep. i. 15. iii. 5. vi. 31. 16 Falerni sexlarius al- i. 9. Suet. Tib. \9.. 

6 Hor. Sat. viii, 86. ix. 36. Gell. iii. 19. ter ducitur ante cibum, 20 Plin. Piaef, Suet. 
Plin. XXXV. 12. s. 46. xiii. 11. xix, 7. Mart. rabidani facturus orex- Claud. 21. 

iSuet, VJL 13. iii. 50. im, a second sexlarius 



ROMAN ENTERTAINMENTS. 



387 



An entertainment given to a person neuly returned from 
abroad, was called ccena adventitia vel -toria, vel viatica ; by 
patrons to tlieir clients, c(Ena recta, opposed to sportula ; by a 
person, uhen be entered on an office, cgena aditialis vel 

ADJICIALIS.^ 

Clients used to wait on their patrons at their houses early in 
tlie morning-, to pay their respects to them,^ and sometimes to 
attend them through the day wherever they went, dressed in a 
white toga, hence called anteambulones, nivei quirites ; and 
from their number, turba togata, et pr.ecedentia longi agminis 
GFFiciA.^ On -which account, on solemn occasions, they were 
invited to supper, and plentifully entertained in the hall. This 
was called C(ena recta, i. e. justa et sokmnis adeoque lauta et 
opipara^ a formal plentiful supper ; hence convivari recta, sc. 
coena, recte et dapsile, i. e. ahundanter, to keep a good table. 
So vihere recte, vel cum recto ap'paratuJ^ 

But upon the increase of luxury, it became customary under 
the emperors, instead of a supper, to give each, at least of the 
poorer clients, a certain portion or dole of meat to carry home 
in a pannier or small basket (sportula) ; which likewise being- 
found inconvenient, money was given in place of it, called also 
sportula, to the amount generally of 100 quadrantes, or twenty- 
five asses, i e. about Is. Id. each; sometimes to persons of 
rank, to women as well as men. This Avord is put likewise for 
the hire given by orators to those whom they employed to 
applaud them, while they were pleading.^ 

ISportule, or pecuniary donations instead of suppers, were 
established by Nero, but abolished by Domitian, and the custom 
of formal suppers restored.^ 

The ordinary drink of the Romans at feasts was wine, which 
they mixed with Avater, and sometimes with aromatics or spices. 
Tiiey used water either cold or hot^ 

A place Avhere wine was sold ^ was called (enopolium ; where 
nuilled wines and hot drinks Avere sold, thermopolium.^ 

Wine anciently Avas very rare. It Avas used chiefly in the 
Avorship of the gods. Young men below thirty, and women all 
tlieir lifetime, Avere forbidden to drink it, unless at sacrifices, 
whence, according to some, the custom of saluting female rela- 
tions, that it might be known Avhether they had drunk wine. 
But afterwards, Avhen Avine became more plentiful, these re- 
strictions Avere removed ; Avhich Ovid hints Avas the case even in 
the time of Tarquin the Proud.^" 

1 Suet.Vit 13. Claud. 3 Juv. i. 96. vii. 142. i. 60. iii. 7. xi. 75. 8 taberna vinaria. 

9. Plaut. Bacch. i. 1. viii. 49. x. 44. Mart. i. Plin. Ep. ii. 14. 9 Plaut. liud. li. 6.13. 

61. Mart. viii. 50. Sen- 56. 13. iil 7. 6 Suet. Ner. Itt.Dom. 7. Pseud, ii. 4. 52. 

Ep.95. 123. 4 Juv. V. 24. Suet. Aug. 7 Juv. v. 63. vi. 3U2. 10 Vul. Max. ii. 1.5. vi. 

2 salutare, Mart. ii. 18. 74. Claud. 21. Vesp. Mart. i. 12. viii. 67.7. 3. Gell. x. 23. Pliii. 
d. iii. 36. iv. 8. Juv. i. 19. Sen. Ep. 110. 122. xiv. 10."). FlauL Cure. xiv. 13. Plut. Q. Kom. 
jL'e. V. 19. 5 Juv. i. 95. 1-20. .Mart. ii. 3. 13. Mil. iii 2. 22. 6. Ov. Fast. ii. 740. 

2 k2 



388 ROMAN ANTIQUITIES. 

Vineyards came to be so much cultivated, that it appeared 
agriculture was thereby neglected ; on which account Domitian, 
by an edict, prohibited any new vineyards to be planted in 
Italy, and ordered at least the one half to be cut down in the 
provinces. But this edict was soon after abrogated.^ 

The Romans reared their vines by fastening- them to certain 
trees, as the poplar and the elm ; whence these trees were said 
to be married^ to the vines, and the vines to them: ^ and the 
plane-tree, to Avhich they were not joined, is elegantly called 

CELEBS.* 

Wine was made anciently much in the same manner as it is 
now. The grapes were picked^ in baskets '' made of osier, and 
stamped.^ The juice was squeezed out by a machine called 
TORCULUM, -«;•, -are, vel -ariuin, or prelum, a press : torcular was 
properly the whole machine, and prelum, the beam which 
pressed the grapes.^ The juice was made to pass'-* through a 
strainer (saccus vel colum), and received into a large vat or tub 
(lacus),^" or put into a large cask (dolium),^^ made of wood or 
potter's earth, until the fermentation was over ; ^- hence vinum 
DOLiARE. The liquor which came out without pressing- was 
called protropum^ or mustum lixivium}^ 

The must or new wine (mustum) was refined,^* by mixing it 
^vith the yolks of pigeons' eggs ;^^ the white of eggs is now used 
for that purpose. '1 hen it was poured ^^ into smalier vessels or 
casks ^' made usually of earth, hence called test.e,^^ covered over 
with pitch or chalk/^and bunged or stopped up ;^'' hence relinere 
vel delinere dolium vel cadurn, to open, to pierce, to broach.-^ 
Wine Avas also kept in leatheini bags (utres). From new wine, 
a book not ripe for publication is called nmsteus liber, by 
Pliny;^^ 

On each cask was marked the name of the consuls, or the 
year when it was made ; hence nunc rnihi fumosos veteris pru- 
ftrte Falernos consulis (sc. cados), now bring for me mellow 
Falernian, that recalls the name of some ancient consul : and 
the oldest was always put farthest back in the cellar ; hence iu- 
teriore nota Falerni, with a cup of old Falernian wine.--^ 

When a cask was emptied, it was inclined to one side, and 
the wine poured out. The Romans did not use a siphon or 
spiggot, as we do ; hence vertere cadurn, to pierce, to empty. 

1 Suet. Dom. 7. 14. 6 quali, quasilli, fisci, 13 Plaut. Pseud, ii, 2. 21 Ter. Heaut. iii. 1. Si. 

a maritari, Hor. Kp. ii. fis.^iiiie vel tiscellae. 64. Plin. xiv. 9. Colum. so corticem adslrictum 

10. 7 calcabantur. Ixii. 41. pice deinovere ampho- 

3 duci ad arboies vidn- 8 tiabs qua uva premi- 14 defajcabatur, rae, tor ab amphora, lo 
as, to be wedded to tur, Serv. Virg. G. ii. 15 Hor. Sat. ii. 4. 50. remove tlie cork in- 
widowed trees, i.e. vi- 242. Vitr. vi. 9. 16 dift'usuni. crusted with pitcli from 
tibus tanquam uxori- 9 transmittebatur. 17 amphorae vel cad;. the cask, Hor. iii. 8. 10. 
bus per civilia bella 10 Mart. xii. 61. 3. xiv. 18 Hor. Od. i. 2U. 2. iii. '22 Plin. xxviii. IS. Ep. 
rivatas, Hor, Od. iv. 104. Ov. Fast. iv. 888. 21.4. viii.21. 



I 

4 Hor. od. ii. 15. 4. 11 cupa vel seria. gypsats. 8. iii. 8. 12. 'i8. 8. Ej 

5 decerpebatitur. 12 donee delerbuerit. 20 obturaise. i. 3, 4. Tibull. il. 1, :^/. 



Plin. Ep. ix, 20. 19 oblitic vel picatee et 23 Hor. Od. 



ROMAN ENTERTAIXMENTS. 



389 



Invertunt Aliphanis (sc. pociilis) vinaria. tot a (sc. vasa, i. e. cadns 
V. lagenas), they turn over ^vhole caslcs into large cups made at 
Alife, a town in Saninium.^ 

Sometimes Avine was ripened by being- placed in the smoke 
above a fire/ or in an upper part of the house/ whence it was 
said descendere. Oi'ten it was kept to a great age.^ Wine 



The application of the/ti 
to tlie Luellowinfi; of wines was 
borrowed Irom the Asiatics, who 
were in the habit of exposing 
their wines to the heat of the 
sun on the tops oi their houses, 
and afterwards placing them in 
apartments warmed from below, 
In order that they might be more 
speedily rendered fit tor use. A s 
the flues, by which the ancient 
dwellings were heated, were 
probably made to open into the 
apotheca, it is obvious that a 
tolerably steady temperature 
couid be easily supplied, and 
that the vessels wouid be fully 
exposed to the action of the 
smoke. Although the tendency 
of this procedure may, according 
to our modern notions, appear 
very questionable ; yet, when 
attentively considered, it does 
not seem to difter much from 
that of the more recent method 
ot mellowing Madeira, and other 
strong wines, by placing them 
in a hot house, or in the vicinity 
of a ki;chen-hre or biker's oven, 
which is found to assist the de- 
velopement of their flavour, and 
to bring them to an early matu- 
rity. As tne earthen vases, in 
Which the ancient wines were 
preserved, were defended by an 
ample coating of pitch or plas- 
ter, it is not likely that the smoke 
could penetrate, so as to alloy 
and vitiate the genuine taSte 
and odour of the liquor ; but the 
warmth which was kept up by 
its means would have the etiec 
of softening the harshness of the 
stronger wine-, and, prob^ibiy, of 
dissipating, to a certain extent, 
the potent aroma of the condi- 
ments with which they were 
impregnated. Although I ibuUus 
gives the epithet "smoky' to 
the Falernian wines thus pre- 
pared, and Horace speaks ot the 
amphora with which he proposed 
to 'celebrate the calends of 
March, as ha\-ing been laid up 
"to imbibe the smoke," during 
the consulship of TuUus, tliey 
are not to be understood as al- 
luding to the flavour of the 
liquor, but merely to the process 
by which it was brought to a 
high degree of mellowness. The 
description of Ovid, however, 
may be considered as more cor- 



rect; for he applies the term 
only to the cask in which the 
wine was enclosed. At the same 
time, it must be acknowledged, 
thai the practice in question was 
liable to great abuse; and we 
may readily conceive, that, from 
the success attending the experi- 
ment as applied to the first-rate 
growths, it miglit happen that 
many inferior wines, though not 
at all adapted for the operation, 
wouid nevertheless be made to 
undergn it, in the vain hope of 
bettering their condition; that, 
from an anxiety to accelerate the 
process, the wines would be 
socneiimes exposed to a destruc- 
tive heat ; or that, from inatten- 
tion to the corking of the ves- 
sels, the smoke might enter 
tnera, and impart a repulsive 
savour to the contents. As these 
forced wines were in great re- 
quest at Rome, and in the pro- 
vinces, the dealers would often 
be tempted to send indifferent 
specimens into the market : and 
it is not, perhaps, without reason 
that Martial inveighs so bitterly 
against the produce of the fuma- 
ii,i ot Marseilles, particularly 
those of oneMuiina, who seems 
to have been a notorious o&ender 
in this line, and whom the poet 
humorously supposes to have 
abstained from revisiting Rome, 
lest he should be compel. ed to 
drink his own wines. 

One certain consequence of the 
long exposure of the amphorae 
to the iiirluence of the fumarium 
must have been, that a portion 
of the contents would exhale, 
and that the residue would ac- 
quire a greater or less degree of 
consistence tor, however we.l 
the vases might have been coat- 
ed and lined, or however care- 
fully they might have been 
closed, yet, from the nature of 
the materials employed in their 
composition, from the action of 
the vinous fluid from within, and 
the eft'ect of the smuke and heat 
from without, it was quite im- 
pos^ible that some degree of 
exudation should not take place. 
As the more volatile parts of the 
must were often evaporated by 
boiling, and as various solid or 
viscid ingredients were added 
to the wine previously to its in- 
troduction into the amphoric, it 
is manifest that a further ex- 



halation must have reduced it to 
the state of a syrup or extract. 
In the case of the finer wines, it 
is true, this eft'ect would be in 
some measure counteracted by 
the influence of the insensible 
fermentation ; and a large pro- 
poriion of the original extractive 
matter, as well as of the hetero- 
geneous substances suspended 
■with it, would be precipitated on 
the sides and bottoms of the ves- 
sels, in the form of lees; but, in 
other instances, the process of 
inspissation would go on, with- 
out much abatement from this 
cause. Hence it conies, that so 
many of the ancient wines have 
been described as tnick and 
fat; and that they were not 
deemed ripe for use, until they 
had acquired an oily smooth- 
ness from age. Hence, too, the 
practice of employing strainers 
{cuii viritirin') to clarity them, 
and free them from their dregs. 
In fact, they often become 
consolidated to such a degree, 
that they could no longer be 
poured from tne vessels, and it 
was necessary to dissolve them 
in hot water, before they could 
be drunk. We learn from Aris- 
totle that some of the stronger 
wines, such as the Arcadian, 
were reduced to a concrete mass, 
when exposed in skins to the ac- 
tion of the smoke : and the 
wine-vases, discovered among 
the ruins of Herculaneum and 
Pompeii, have generally b en 
found to contain a quantity of 
earthy matter. It is clear, then, 
that those wines which were 
designed for long keeping couid 
not have been subjected to the 
highest temperature of the fu- 
marium, without being almost 
always reduced to an extract. 
Indeed, Columella warns the 
operator that such might be the 
issue of the process, and recom- 
mends that there should be a loft 
above the apotheca, into which 
the wines could be removed. — 
" ne TUrsus nimia suffiltone medi- 
cilia Si"/." 

For the more precious wines, 
the ancients occasionally em- 
ployed vessels of glass. 'Ihc 
Dottles, vases, cups, and other 
articles of that material, which 
are to be seen in every col lection 
of antiquities, prove that they 
had brought the manufacture to 



1 Hor. Od. iii. 29. 2. Plin. xiv. 1. s. S.Mart. cae.iitiore. 
S.t.ii.S. 39. iii.bl. X.36. 4 Hor. Od. iii. 21.7.14. 

2 Hor. Od. iii, 8. 11. 3 in honco vel apothe- 18. Cic.Brul.-.i8tJ. Juv. 

2 K 3 



31. 1'ers.iv. 2i).Vcll. 



390 



ROiMAN ANTIOUITIKS. 



made in the consulship of Opimius, A. U. 633, was to he met 
■with in the time of Fliny, near 200 years after.^ In order to 
make wine keep, they used to boil ^ the must down to one half. 



a great degree of perfection. AVe 
know, that, for preserving fruits, 
they certainly gave the prefer- 
ence to glass jars, and, at tlie 
supper of Trimalcio, so admira- 
bly depicted by Petronius, even 
amjihor* of glass are said to 
have been intioduced. Whether 
they were of the full quadrantal 
measure does not appear ; but, 
in all probability, they were of 
jnore moderate dimensions, for 
we are told by Martial, that the 
choicest Falernian was kept in 
small glass bottles; and neither 
the number of the guests, nor 
the quality of tlie liquor, suppos- 
ing it to have been genuine, 
would have justified the use of 
full-sized amphoraj, on the occa- 
sion above alluded to. 

Tlie ancients were careful to 
rack their wines only when the 
wind was northerly, as they had 
observed that they were apt to 
be turbid when it blew in an op- 
posite direction. The weaker 
sorts were transferred, in the 
spring, to the vessels in which 
they were destined to remain ; 
the stronger kinds during sum- 
mer; but those f;rowu on dry 
soils, were not drawn off until 
after the winter solstice. Ac- 
cording to Plutarch, wines were 
most affected by the west wind ; 
and such as remained unchanged 
by it, were pronounced likely to 
keep well. Hence, at Athens, 
and in other parts of Greece, 
there was a feast in honour of 
Bacchus, on the eleventh day of 
the miinth Antheslerion, when 
the westerly winds had generally 
set in, at which ihe produce of 
the preceding vintage was first 
tasted. In order to allure cus- 
tomers, various tricks appear to 
have been practised by the an- 
cient wine dealers; some, for 
instance, put the new vintage 
into a cask that had been sea- 
soned with an old and high fla- 
voured wine; others placed 
cheese and nuts in the cellar, 
that those who entered might be 
tempted to eat, and thus have 
their palates blunted, before they 
tasted the wine. The buyer is 
recommended by Florentinus to 
taste the wines he proposes to 
purchase, during a north wind, 
when he will have the fairest 
chance of forming an accurate 
judgment of iheir qualities. 

'Ihe ancient wines were, for 
the most part, designated ac- 
cording to the places where they 
grew; but occasionally they 
borrowed the appellation of the 
graiies from which they were 



made; and the name of the vine, 
or vineyard, stood indiscrimi- 
nately for that of the wine. 
AVhen very old, they received 
certain epithets indicative of that 
circumstance, as ^aTrpms, co'isk- 
liire, Opimiuiium Armiciiun, But, 
as it sometimes happened, that, 
by long keeping, they lost their 
original flavour, or acquired a 
disagreeably bitter taste, it was 
not unusual to introduce into 
them a portion of must, with the 
view of correcting these defects : 
wine thus cured was called vin- 
um receittalum. The wine pre- 
sented to persons of distinction 
was termed -yepouerioj, or honura- 
rium. Such was the rich sweet 
wine, of which Ulysses had 
twelve amphorte given him by 
Marun, ancl which was so highly 
valued by the donor, that he kept 
it carefully concealed from all 
his household, save his wife and 
the intendant of his stores, as 
its attractions were not easily 
resisted. 

None of the more generous 
wines were reckoned fit for 
drinking before the fifth year, 
and the majority of them were 
kept for a much longer period. 
The thin white wines are stated 
by Galen to have ripened soou- 
est ; acquiring, first, a certain 
degree of sharpness, which, by 
the time they were ten years 
old, gave )]Uice to a (^ralctnl 
pungeiM-y, if th.^y did i.nt tiuu 
acid wiihiii Ihr first four years. 
Even the strong and dry wliite 
wines, he remarks, notwith- 
standing their body, were liable 
to acescency after the tenth 
year, unless they had been kept 
with due care ; but if they es- 
caped this danger, they might 
be preserved for an indehnite 
length of time. Such was the 
case more especially with the 
Surrentine wine, which continu- 
eJ raw and harsh until about 
twenty years old, and afterwards 
improved progressively, seldom 
contracting any unpleasant bit- 
terness, but retaining its quali- 
ties unimpaired to the last, and 
disputing the palm of excellence 
with the growths of Falernum. 
The tramarine wines which were 
imported into Italy,were thought 
to have attained a moderate age 
in six or seven years; and such 
as were strong enough to bear a 
sea-voyage were found to be 
much improved by it. 

The lighter red wines {vhm 
Juirita /u/(acm) were used for 
common drinking, and wnuld 
seldom endure longer than from 



one vintage to another; but, in 
good seasons, they would some- 
times be found capable of being 
preserved beyond the year. Of 
this description we may suppose 
that Sabine wine to have been, 
which Horace calls upon his 
friend to broach when four years 
old; although in general the 
proper age of the Sabinum was 
troui seven to fifteen years ; and 
the poet has abundantly shown, 
in other parts of his works, that 
he knew how to value old wine, 
and was seldom content with it 
so young. The strcnger (iark- 
coloured wines, when long kept, 
underwent a species of decora- 
position (carietn vetvslalis), from 
the precipitation of part of the 
extractive matter which they 
contained. This, and the pun- 
gency (uCKme'.) which such wines 
acquired, weie justly esteemed 
the proofs ot their having arrived 
at their due age. The genuine 
flavour of the vintage was then 
fully developed, and all the 
roughness ot its early condition 
was removed. From the mode, 
however, in which the ancient 
wines were preserved, a greater 
or less inspissalion took place ; 
and, if we may depend on the 
statement of Piiny, this was 
most observab e in the more 
generous kinds ; and ttie taste 
became disagreeably bitter, ob- 
scuring the true flavour of tile 
liquor. AVine of a middle age 
was therefore, to be prelerrfd, 
as being the most wholcs'ime 
and grateful ; bi t in those days, 
as wed as ours, it was the fa- 
shion to place the liighest value 
on whatever was rarest, and an 
extravagant sum was often given 
for wines which were literally 
not drinkable. Such seems to 
have been the case with the fa- 
mous vintage of the year in 
which L. Opimius Nepos was 
consul, being the tJ33d Irom the 
foundation of the city ; when, 
from the great warmth of the 
summer, all the productions of 
the earth attained an uncommon 
degree of perfection. Velleius 
Paterculus, who flourished 150 
years afterwards, denies that 
any of it was to be had in his 
time ; but both Pliny and Mar- 
thil, who were considerably pos- 
terior to that historian, describe; 
it as still ine.\haus ed at the 
time when they wrote. The 
former, indeed, admits that it 
was then reduced to the consis- 
tence of honey, and could only 
be used in small quantities foi 
fla vouring other wines, or mixing 



■;. fi. Mart. i. 27 



2 deciiqiiere, V'irg. G, i. 



ROMAN em.«:ktainments. 



391 



wlien it was called defrutum : to one tliird, sapa ; ^ and to gi\e 
it a flavour,^ they mixed with it pitch and certain hei'bs ; Avheii 
they were said condire, medicari vel concinnare vinum.^ 



with water. Reckoning the ori- 
ginal price to have been one 
hundred nummi, or sixteen sliil- 
lings and sixpence lor the am- 
pliura, he calculates, that, ac- 
cording to the usual rate of 
Roman interest, a single ounce 
of this wine, at the time of the 
thirdconsukteof Caligula, when 
it had reached its ibOth year, 
must have cost at least one 
nummus. or twopence ; which 
would make the price of the 
quart amount to six shillings 
and sixpence English. 

As the ordinary wines of Italy 
were produced in great abun- 
dance, tiiey were often sold at 
very moderate prices. Colu- 
mella's reduced estimate would 
iniiKe the cost about fourpence 
the gallon; but we find from 
Piiny, that, when Licinius Cras- 
sus cind Julius Caesar were con- 
suls, an edict was issued by them, 
prohibiting the sale of Greek 
and Aminean wine for eight asses 
the amphora, which would be 
less than one penny a gallon ; 
and the same author asserts, on 
the authority of Varro, that, at 
the lime of Metellus's triumph, 
the eongius, a somewhat smaller 
measure than our gallon, was to 
be boughi for a single as. or 
about three farthings English. 

Few parts of Italy proved un- 
friendly to the vine; but it 
flourished most in that portion 
of the south-western coast, to 
which, from its extraordinary 
fertility and deliglitful cl.imate, 
the name of Campania /eiix was 
given. The exuberant produce of 
the rich and inexhaustible soil of 
the wliole of this district, which 
is so happily exposed to the most 
genial breezes, while it is shel- 
tered by the Apennines from all 
the colder winds, has called 
forth the eulogies of every writer 
who has had occasion to men- 
tion it. From this district the 
Romans ob'ained those vintages 
which they valued so highly, 
and of which the fame extended 
to all parts of the world. In 
ancient times, indeed, the hills 
by which the surface is diversi- 
fied seem to have formed one 
continued vineyard ; and every 
care was taken to maintain the 
choice quality of the produce. 
With respect to the locality and 
designation of piirticular cele- 
brated spots, much controversy 
h&s arisen among critics. Florus 
speaks of FaleTnut as a moun- 
tain, and iMartial describes it 
under the same title ; but Pliny, 
Polybius, and others denominate 



it a field, or territory {agpr)\ 
and, as the best growths were 
styled indiscriminately iVassiciim 
and FaUrriium. Peregrini con- 
curs with Vibius in deciding, 
that ./If liji'eus was the proper ap- 
pellation of the hill which rose 
Irom the Falernian plain. By a 
similar mode of reasoning it 
might be inferred from the terra 
" aruij,"' which occurs in con- 
junction with " JJ/'JiSicus,'' in the 
splendid description of the origin 
of the Falernian vineyards given 
by Silius Italicus, that the epi- 
thet Missic'ii was applicable to 
more level grounds. 

The truth seems to be, that 
the choicest wines were pro- 
duced on the southern declivities 
of the range of hilis which com- 
mence in the neighbourhood of 
the ancient Sinuessa, and ex- 
tend to a considerable distance 
inland, and which may have 
taken their general name from 
the town or district of Faler- 
nurc ; but the most conspicuous, 
or the best exposed among them 
may have been the JIassicus; 
and r.s, in process of time, seve- 
ral inferior growths were con- 
founded under the common de- 
nomination of Falernian, correct 
writers would choose that ep - 
thet which most accurately de- 
noted the finest vintages. If, 
however, it be allowsble to cp- 
peal to the anaiosy of modern 
names, the question as to the 
locality will be quickly decided; 
for the mountain that rises from 
the Kocca di Mondragone, which 
is generally allowed to point to 
the site of ancient Sinuessa, is 
si ill known by the name of 
Monte Mnsi.o. That fine Mjs- 
sic wines were grown here is 
sufiiciently proved by the testi- 
mony of H'lartial, who describes 
them as the produce of the Si- 
nuessan vineyards. At a short 
distance to the east, and on the 
slope of the adjacent ridge, are 
two villages, of which the upper 
is called Faiciano a rnonte, and 
the lower, Faiciano a iasso. Hej e 
was the ancient Fiuutianum, of 
which Faiciano is a corruption. 

The account which Pliny has 
furnished of the wines of Cam- 
pania is the most circumstantial, 
and, as no one had greater op- 
portunities of becoming familiar 
with the principal growths of 
his native country, doubtless, 
the most correct. "Augustus, 
and most of the leading men of 
his time," he informs us, " gave 
the preference to the Si'liw' wine 
that was grown in tiie vineyards 



above Forum Appii, as being of 
all kinds the least apt to injure 
the stomach. Formerly the 
CcEcuban, which came from the 
poplar marshes of Amyclx, was 
most esteem-d: but it has lost 
its repute, partly from the negli- 
gence of the growers, and partly 
trom the limited extent of the 
vineyard, which has been nearly 
destroyed by the navigable canal 
tliat was begun by Nero from 
Avei-nus to Uslia. The second 
rank used to be assigned to the 
growths of the Falernian terri- 
tory, and, among ihem, chiefll 
to the FaustianiTm. The terri- 
tory of Falernum begins from 
the Campanian bridge on the left 
hand as you gotoUrbana, which 
has been recently coionised and 
placed under the jurisdiction of 
Capua by Sylla: the Faustian 
vineyards, again, are situated 
about four miles from the village 
in the vicinity of Cedise, which 
village is six miles from Sinues- 
sa. I'he wines produced on this 
soil owe their celebrity to the 
great care and attention bestow- 
ed on their manufacture; but 
latterly they have somewhat de- 
generated from their original ex- 
cellence, in consequence of the 
rapacity of the farmers, who are 
usually more intent upon the 
quantity than the quality of the 
vintages. They continue, how- 
ever, in the greatest estimation; 
and are, perhaps, the strongest 
of all wines, as they burn wlien 
approached by a fi.ime. They 
are of tiiree kinds, namely, the 
dry, the sweet, and the light 
Falernian. Some persons class 
them somewhat diti'erently, giv- 
ing the name of Gauranum to 
the wine made on the tops of the 
hills, of Faustianuui to that 
which is obtained from the mid- 
dle region, and reserving the ap- 
pellation of Faleinian for the 
lowest growths. It is worthy of 
remark that none of the grapes 
which yield these wines are at 
all pleasant to the taste." 

AVith respect to the first of the 
above-mentioned wines, it is 
sui-prising that, notwithstanding 
the high commendation of Au- 
gustus, ihe S':tiuum is never once 
mentioned Ijy Horace, althougu 
he has expatiated with ail the 
fervour ot an amateur, on the 
other first-rate growths of liis 
time. Perhaps he took the li- 
berty of dihering from the impe- 
rial taste in this particular, a;; 
the Setine was a delicate light 
wine, and he seems to liavo b,.d 
a prediltctiuii for such as were 



J I'l; 
'i ul 



gat. et saporisqiixdam 3 Plin. 
aciiniin,;, Coluin 



Ru.i. 11 



392 



ROMAN' ANTIQUITIES. 



Wines were distinguished chiefly from the places where they 
were produced. In Italy the most i-eniarkable were, vbmm 
FALERNUM, Massicum^ Calenumy CcBCubum^ Albanum, Setiniim, 



distinguished by their strength. 
Both Martial and Juvenal, how- 
ever, make frequent mention of 
it; and Siiius Italicus declares 
it to have been so choice as to 
be reserved for Bacchus himself, 
■ — ^' ipsius Tttensis repusta L>^(Et,^^ 
Galen commends it for its inno- 
cuous qualities. It w«s grown 
on the heights of Sezza, and 
though not a strong wine, piis- 
sessed sufficient firmness and 
permanency to undergo the 
operation of the fumaiinm; for 
Ave find Juvenal alluding to some 
wliich was so old thiit the smoke 
had obliterated the mark of the 
jar in which it was contained. 

The Ccecuban, on the other 
hand, is described by Galen as a 
generous, durable wine, but apt 
to affect the head, and ripening 
only after a long term of years. 
In another place, he remarks, 
that the Bilhynian white wine, 
when very old, passed wi h the 
Konians for C<ee,uban; but tliat 
in this state it was generally 
hitler and unlit for drinking. 
Krofn this analogy we may con- 
clude, that, when new, it belong- 
ed to the class of rough sweet 
wines. After the breaking up of 
the principal vineyards which 
supplied it, this wine would ne- 
cessarily become very scarce 
and valuable; and such persons 
as were fortunate enough to pos- 
sess any that dated from the 
Opiniian vintage, would preserve 
it with extraordinary care. lu 
fact, -we are told by Pliny, in a 
subsequent book, that it was no 
longer grown, — " Coecubaj im nou 
ffiirnuriinr," — and he also alludes 
to the Seline wine, as an article 
of great rarity. The Fundannm, 
which was the produce of the 
same territory, if, indeed, it was 
a distinct wine, seems to have 
partaken of the same characters, 
being, according to Galen's re- 
port, strong and full-bodieil, and 
so heady, that it could only be 
drunk in small quantity. 

There can be little doubt, ihet 
the excellence of tnese wines is 
10 be attributed chiefly to the 
loose volcanic soils on which 
they were produced. Much also 
depended on the mods of cul- 
ture; anil it is more than proba- 
ble that the great superiority of 
the giov/ths of the Falemi.iu 
vineyards was, in the first in- 
stance, owing to the vines there 
being traitied on jvga, or low 
frames, formed of poles, instead 
of being raised on poplars, as 
WKS tiie case in several of the 
adjacent territories. Afterwards, 
whan the proprietors, in conse- 
tfuence of the increasing demand 
far theii wines, became dcsiruus 



to augment the quantity, they 
probably adopted the latter prac- 
tice, and forcing the vines to a 
sroat heiglit, sacrihced the qua- 
lity of the fruit. 

No wine has ever acquired 
such extensive celebrity as the 
Falernian, or more truly merited 
the name of '•■ immortal," winch 
Martial has conferred upon it. 
At le..st, of ill! ancient -wines, it 
is the one most generally known 
in modern times; tor, while 
other eminent growths are over- 
looked or forgotten, tew readers 
will be found who have not 
formed some acquaintance with 
the Falernian ; and its fame 
must descend to the latest ages, 
along with the -works of th~ose 
mighty masters of the lyre who 
liave sung its praises. At this 
distance of time, and with the 
imperfect data we possess, no 
one need expect to demonstrate 
the precise qualities of that or 
any other -wine of antiquity ; 
though by collating the few facts 
already stated, witli some other 
particulars which have been 
handed down to us respecting 
the Falernian vintages, the hope 
may reasonably be indulged of 
our being able to make some 
approach to a mora correct esti- 
mate of their tiue characters, 
and of pointing out at the same 
time those modern growths to 
which they have the greatest re- 
semblance. 

In tlic first place, all writers 
agree in describing the F.ilerniun 
wine as- very strong and dura- 
ble, and so rough in its recent 
state, that it could not be drunk 
with pleasure, hut required to be 
kept a great jiumber of years, 
before it was sulHciently mellow. 
Horace even terms it a '■ liery " 
wine, and calls tor water (rom 
the spring to moderate its 
strength ; and Persius applies to 
it the epithet ^- mdumitum^' pro- 
bably in allusion to its heady 
quality. From Galen's account 
it appears to have been in best 
condition from the tenth to the 
twentieth year ; afterwards it 
was apt to contract an unplea- 
sant bitterness ; yet we may 
suppose, that when of a good 
vnitage, and especially when 
preserved in glass bottles, it 
would keep much longer without 
havini? its flavour impaired. 
Hurace, -wlto was a lover of old 
wine, proposes in a well-known 
ode, to broach an amphora wliich 
was coeval with himself, and 
which, therefore, was probably 
not less th. n thirty-three years 
old ; as Torquatus Manlius was 
consul in the six hundred and 
eishty-nimh year from the foun- 



dation of the city, and Corvinns, ! 
in honour of whom the wine j 
was to be drawn, did not obtain | 
the consulate till 723 A. U. G. 
As he bestows the higliest com- 
mendation on this sample, as- 
cribing to it all the virtues of the \ 
choicest vintages, and prcmounc- i 
ing it truly worthy to be pro- | 
duced on a day ot festivity, we i 
must believe it to have been 
really of excellent quality. In ] 
general, however, it probably ' 
suftered, more or less, from tlte 
mode in which it was kept ; and 
those whose taste was not per- 
verted by ttie rage for high-dried 
wines, preferred it in its middle 
state. 

Among our present wines, we 
have no hesitation in fixing upon 
those of Xeres and Madeira as 
the two to which the F"alernian 
otters the most distinct features 
of resemblance. Both are straw- 
coloured wines, assuming a 
deeper tint from age, or (rnin 
particular circumstances in the 
quality, or management of the 
vintage. Both of them present 
the several varieties of dry, 
sweet, and light. Both of them 
are exceedingly strong and dura- 
ble wines; being, when new, 
very rough, harsh, and fiery, 
and requiring to be kept about 
the same length of time as the 
Falernian, before they attain a 
due degree of mellowness. Ot i 
the two, however, the more pal- 
pable dryness and bitter-sweet 
flavour of the Sherry might in- 
cline us to decide, that it ap- j 
proached most nearly to the 
wine under consideration; and 
it is worthy of remark, that the I 
same difterence in the produce 
of the fermentation is observable j 
in the Xeres vintages, as that 
which Galen has noticed with 
respect to the Falernian ; it be- 
ing impossible always to predict, 
with certainty, whether the re- 
sult will be a dry wine, or a 
sweetish wine, resembling Paxa- 
rete. But, on the other hand, 
the soil of Madeira is more ana- 
logous to that of the Campagna 
Felice, and thence we may con- 
clude, that the flavour and aroma 
of its wines are similar. Sicily, 
which is also a volcanic country, 
supplies several growihs, which 
an inexperienced judge would 
very readily mistake for those of 
the former island, and which 
would, in all probability, come 
still nearer to them in quality, 
if more pains were bestowed 
upon the manufacture. Another 
point of coincidence is deserving 
of notice. Both Xeres ai d Ma- 
deira, are, it is well known, in- 
finitely improved by being trans. 



ROMAN EXTERTAIX.MENTS. 



Surrentinum, &c. Foreign wines, Chium, Lesbium, Ltucadiufn, 
Coum, Rhodium, Naxium, Mamertiman, Thasium, 2A(Bonium 
vel Lydium, Mareoticum, &c. Also from its colour or age, 



ported to a hot climate ; and lat- 
terly it has Ijecome a common 
practice, among the dealers in 
the island, tn force the Madeira 
■wines by a process which is ab- 
solutely identical with the opera- 
tion of the fumarium. It may, 
perhaps, be objected that the in- 
Jiuence of heat and age upon 
thestf liquors, far from producing 
any disagreeable bitterness, only 
renders them sweeter and milder 
however long they may be kept ; 
but then, in contrasting them 
■with the superannuated wines of 
the Riimans, we must make al- 
lowance for the previous pre- 
parations, and the eft'eut of the 
different sorts of vesseis in which 
they are preserved. If Madeira, 
or Slierry, but particularly the 
latter, were kept in earthen jars 
until it was reouced to the con- 
sistence of honey, there can be 
little doubt tliat the taste would 
become so intensely bitter, that, 
to use the expression of Cicero, 
ve should condemn it as into- 
lerable. 

The Sarrentine wines, which 
were the produce of the Aminean 
grapes, were, in like manner, of 
s-ery durable quality, — '■ firmis- 
slma vina," as Virgil designates 
Ihera; and on account of their 
lightness and wholesomeness, 
were much commended for the 
use of convalescents. They are 
stated by Pliny to have been 
grown only in vineyards, and 
consequently the vines which 
yielded them could not have been 
high-trained. 

Such were the wines of (he 
Campania Felix, and adjacent 
hills, of which most frequent 
mention is made and concerning 
which the fullest particulars 
have bf^en transmitted. Ks- 
specting certain other growths, 
as the Calenum, Caulinum, and 
Spatanum, our information is of 
a more imperfect nature. We 
only know that the vintages of 
Cales 2re much praised by Ho- 
race, and described by Galen as 
lighter, and more grateful to the 
stomach, than the Falernii;n ; 
while those of the latter territo- 
ries are pronounced to have been 
little, if at all, inferior to that 
celebrated wine. 

The Albanum, which grew 
upon the hills that rise to the 
scuth, in view of the city, is 
ranked by Pliny only ss a third- 
rate wine ; but from the frequent 
commendation of it by Juvenal 
and Horace, we must suppose it 
10 have been in considerable re- 
fute, especially when matured 
by long keeping. 

.\ mong the lighter growths of 
fiie K luian te; rilory, tho Sabi- 



num, Noraentannra, and Vena- 
franum, were among the most 
agreeable. The first seems lo 
have been a thin table-wine, of 
a reddish colour, attaining its 
maturity in seven years. The 
JN'omentan, however, which was 
also a delicate claret wine, but 
of a fuller body, is described as 
coming to perfection in five or 
six years. The wine nf Spole- 
tura, again, which was distin- 
guished by its bright golden 
colour, was light and pleasant. 

Amphictyon is said to have 
issued a law. directing that pure 
wine should be merely tasted at 
the entertainments of the Athe- 
nians; but that the guests 
should be allowed to drink freely 
of wine mixed with water, after 
dedicating the first cup to Jupi- 
ter the Saviour, to remind them 
of the salubrious quality of the 
latter fluid. However much 
this excellent rule may have 
bseii occasionally transgressed, 
it is certain that the prevailing 
practice of the Greeks was to 
drink tlieir wines in a diluted 
state. To drmk wine unmixed 
was held disreputable; and those 
who were guiity of such excess 
were said to act like Scythians 
(67ri<rvii9iffiii.) To drink even 
equal parts of wine and water, 
or, as we familiarly term it, half 
and half, was thought to be un- 
safe; and, in general, the dilu- 
tion was more considerable; 
varying, according to the taste 
of the drinkers, and the strength 
of the iiquor, from one part of 
wine and four of water, to two 
of wine, and four, or else five 
parts ofwater, which last seems to 
have been the favourite mixture. 

From the account which Ho- 
mer gives of the dilution of the 
Marone^m wine with twenty 
measures of water, and from a 
passage in one of the books as- 
ciibed to Hippocrates, directing 
not less than twenty-five parts 
ot water to be added to one part 
of old Thasian wine, some per- 
sons have infrred, that these 
wines possessed a degree of 
strength fi.r surpassing any of 
the liquors with which we are 
r.cquain'ed in modern times, or 
of which we can well form an 
idea. But it must be rememb r- 
ed, that the wines in questit^n 
were not only in.~pissated, but 
also highly seasoned with vari- 
ous aromatic ingredients, and 
had often contracited a repulsive 
bitterness from age, which ren- 
dered them nnnt for use till 
tlioy had been difi'used in a large 
quantity of water. If they had 
ei|iiaUed the purest alconol in 
s.rungth, such a lowering as 



that above described must have 
been more th:in enough ; but the 
strong heerogeneous taste which 
they had acquired would render 
further dilution advisable; and, 
in fact, they may be said to have 
been used merely tor the pui-pose 
of giving a flavour to the water. 

Whether the Greats and Ro- 
mans were in the habit of taking 
draughts of hot water by itseic 
at their meals, is a point which, 
though of no great importance, 
has been much discussed by 
grammarians, without ever being 
satisfactorily determined. When 
we find the guests at an enter- 
tainment, or the interlocutors in 
an ancient drama, calling for hot 
and tepid water iSsp^ioi' xai. /isra.- 
icepav\ it dees not follow that 
this was to be d.-unk unmixed; 
the water so required might be 
merely for diluting their wines, 
or for the purposes ot abbition. 
So far indeed w. s mere hot wa- 
ter from being considered a luxu- 
ry by the Romans, as some have 
absurdly imagined to be the fact, 
that we find Seneca speaking of 
it as fit only for the sick, and as 
quite insufferable to those who 
wore accustomed to the delica- 
cies of life. 

Such of the citizens as had no 
regular establishment, were de- 
pendent for iheir daily supply 
of hot Avater on the thtrir.opoUn, 
or public-houses, in which all 
kinds of prepared liquors were 
sold. These places of enter- 
tainment, which were frequented 
in much the same way as our 
modern coRee-houses, appear to 
have existed in considerable 
number, even during the repub- 
lic, as we meet with frequent 
allusions to them in the comedies 
of Plautus. In the reign of 
Claudius they attracted the at- 
tention of the government, hav- 
ing probably become obnoxious 
by the freedom of conversation 
which prevuiled in them; for aii 
edict was issued, ordering the 
suppression of taverns, where 
people met together to drink, 
and forbidding the sale of hot 
water and boiled meats under 
sei-ere penalties. This mandate, 
however, like many ot the other 
arbitrary acts of that emperor, 
would seem to have been little 
regarded, and was probibly 
soon repealed; for. in a subse- 
quent age, we find Ampe.ius, the 
prefect of Rome, subjecting 
these places of public resort to 
new regulations, according to 
which they were not allowed to 
be opened before ten o'clock of 
the forenoon, and no one was to 
sell hot water to the t.ominoD 
people. 



394 



KOMAN ANTIOUITIKS. 



vinum album, nigrum, rubrum, &c. ; vetus, novum, recens, 
horyium, of the present year's growth ; trimmn, three years old ; 
molle, iene, vetustate edentulam, mellow ; aspernm vel austtrum, 
luirsh ; merum, vel meracum, pure, unmixed; meracius, i.e. 
fortius, strong-.^ 

The Komans set down the wine on the second table,^ with 
the dessert,^ and before they began drinking- poured out liba- 
tions to the g-ods. This, by a decree of the senate, was done 
also in honour of Aug-ustus, after the battle of Actium.* 

The Avine was 
brought in to the 
guests in earthen 
vases (amphor.e vel 
testce) with handles,^ 
hence called diut.e,^ 
or in big-bellied jugs 
or bottles (ampull.e) 
of glass,^ leather,^ or 
earth/ on each of 
uhich were affixed 
labels or small slips 
of parchment,^" giv- 
ing- a short descrip- 
tion of the quality 
and age of the wine; 

thus, FALERNUM, OPI- 
MIANUM ANNORUM CEN- 
TUM, OpimiaU Faler- 
nian, an hundred 
years old. fc;ome- 
times different kinds 

of wine and of fruit were set before the guests according to 
their different rank ; ^^ whence vinum dominicum, the wine drunk 
by the master of the house, and ccenare civiliter, to be on a level 
with one's guest.^- 

The wine was mixed ^"^ with water in a large vase or bowl, 
called CRATER, v. -era, whence it was poured into cups (pocula).^'* 
Cups were called by different names; calices, phialcB, paterop, 
canthari, carchesia, ciboria, scyphi, cymbia, sca'phia, batiol(e, 
cululli, amystides, &c., and made of various materials ; of wood, 
as beech, fagina, sc. pocula, of earth, fictilia, of glass, vitrea,^* 





1 Plin. 23. 1. S.20. xiv. 


iv. 5.31. 






no. 


Spart. Adr. 17- 
]2Peti-. 31, Juv. V. 112. 


6. s. S. &c. 9. s. 11,12. 


5 aiisacie. 






Hi titulivelpittaciaj.e. 


Cic. Nat. D. iii. ol. 


6 Hor. i. 9. 8. 






schedula; e membruiia 


13 niiscehatur vfl teiii- 


2 alterio mensis. 


7 vitrex. 






excisae, vel tabellae. 


perabalur. 


8 cum belUriis. 








11 Petr. 34. .lnv. v. 34. 


14 Ov. K v.52-2. 


4 Virg.^n.i. 736.viM. 


9 figlinae, Plin. 


Ep. iv. 


70. Plin. Ep. ii. li. 
Mart. iii. SL'. iv. Se.vi. 


15 Virs.EcI.iii.37.Mart. 


2-8. -'83, G. ii. 101. 


30. Suet. D 


m. 


21. 


i. 38. Juv. ii. <J5. 


Dio. li. 19. Hor. Od. 


Mart. vi. 35. 


3. 


xh'. 


11. 49. Suet. Cses. 48. 





RO,MaN ENTEKTAINMENTS. 



396 




wl 1 i cli when broken 
used to be ex- 
changed for brim- 
stone matches,^ of 
amber, succiiia, or' 
brass, silver, and 
g-old, sometimes 
beautifully engra- 
ved ; hence called 

TOREUMATA,^ Or 

adorned >vith fi- 
gures ^ affixed 
to them, called 

CRUSTS or EMBLE- 

MATA,* which might 
be put on and 
taken off at plea- 
sure,^ or with gems, 
sometimes taken 



The above drinking cups of ya- 
rions and peculiar cunstruction 
have been found in Pnmpeii. They 
are usually of clay, but cheap as 
J a the material, it is evident by 
their good \vorkmanship that 
tliey were not made by the Ioav- 



est artists. The primitive drink- two handles fitted to the side. 
ing vessel, as mentioned in p. and then the base formed the 
371, was the horn pierced at the mouth, and sometimes tlie whim- 
smaller end, from which the sical fancy of the potter fashion- 
liquor flowed in a small stream- eJ it into the head of a pig, a 
Sometimes, however, the hole at stag, as represented above, or 
the tip was closed, and one or any other animal. 




TUE above cut. taken from a 
picture in one of the rooms of a 
wine sh^p, lately excavated 
at Pompeii, represents a wine- 
cart, and shows the way of 
filling the amphora. Thecliun. 
sy transverse yoke by which the 
horses are fastened to the pole 
is worth attention. AVe have 
also to point out the large skin, 
occupying the whole of the wag- 
gon, and supported by a frame- 



work of three hoops. These mi- 
nutiae may of course be depended 
on as copied from the imple- 
luenls in use. The neck of the 
skin is closed by a ligiiture, and 
the wine i> drawn off through 
the leg, which forms a conve- 
nient spout. Two amphorae may 
be observed. They are pointed 
at the bottom, so that they might 
be stuck into the ground, aud 
preserved in an upright pcsltion 



without ditticulty. Amphor.Tc 
have been lound several tinier 
thus arranged in the Poinpeiau 
cellars, especially in the subur- 
ban villa, -where they may still 
be seen standing upiight, in 
their original posture. 
Thk Romans possessed glass in 
sufficient plenty to apply it to 
purposes of ornameiit, and in the 
first century. even for windows. 
The raw material appears from 



1 salphurata raraenta, 2 i. e. vasa sculpta vel 3 signa vel sigilla. 5 exeinptilia, Cic. Vei. 

Mart. i. 42. 4. x. 3. caclata, Cic. Ver. iv. 4 Cic. Ver. iv. 23. ,Tuv. 22.24. 
Juv. V. 49. ix. 5C. 18. 11 52. PU. 27. i. 76. Mart. viii. 51. 9. 



'S96 



ROMAN ANTIQUITIES. 



off tlie fnigeis for tliat purpose, hence called calices gemmati 

Vel AURUM GEMMATUM.^ 

Cups were also made of pi-ecious stones, of crystal,^ of aire- 
thyst, and murra or porcelain,^ 

Cups were of various forms ; some had handles (ans^ vel 
nasi), usually twisted (tortiles),'* hence called gauges pterati.* 
iSoine had none. 

There were slaves, usually beautiful boys,^ who waited to 
mix the wine Avitli water, and to serve it up ; for which purpose 
they used a small goblet, called cyathus, to measure it,^ con- 
taining- the twelfth part of a sextarms, nearly a quart English. 
Hence the cups were named from the parts of the Roman as, 
according- to the number of cyatld which they contained; thus, 
SEXTANS, a cup which contained two cyatld ; triens vel trienialy 
three ; quadrans, four, &c., and those who served with wine 
were said ad gyathos stare, ad cyathum statui, or cyathissari.** 

They also used a less measure, for filling Mine and other 
liquors, called ligula or lingula, and cochleare, vel -cr, a 
spoon, the fourth part of a cyathus.^ 

The strength of wine was sometimes lessened, by making it 
pass through a strainer with snow in it, colum nivarium, vel 
saccus nivarius. It Avas also sometimes cooled by pouring snow 
Avater upon it.^*^ 

The Romans used to drink to the health of one another, 
thus : bene MiHi, BENE voBis, &c., sometimes in honour of a 



Pliny's account to have under- 
gone two fusions; tlie first con- 
verted it into a rough mass, 
called ammonitrum, which was 
melted aejain, and became pure 
glass. We are also told of a 
dark coloured glass resembling 
obsidiati, plfntitul enough to 
be cast into solid statufs. Pliny 
mentions having seen images of 
Augustus cast in this substance. 
It probably was some coarse 
kind of glass resembling the am- 
moniu-um, or such as that in 
which the scoritE of our iron 
luruaces abound. Glass was 
worked eiiher by blowing it 
with a pipe, as is now practised, 
by turning in a lathe, by engra- 
ving and carving it, or by cast- 
ing it in a mould., These two 
glasses of elegant form, appear 
to have been formed in the lat- 
ter way. The ancients had cer- 
tainly acquired great skill in the 
manufacture, as appears both 
from the accounts which have 




been preserved by ancient au- 
thors, and by the specimens 
which still exist; among'which 
we may notice as pre-emintntly 
beautiful, the Portland vase, 
preserved in the British Mu- 
seum. A remarkable story is 
told by Dion Cassius, of a man 
who, iu the time of the emperor 
Tiberius, brought a glass cup 
into the imperial presence and 
dashed it on the ground. To 



the wonder of the spectators, 
the vessel bent under the blow 
w ithout breaking, and the inge- 
nious artist immedi.itely ham- 
mered out tlie bruise, and re- 
stored it ivh(de and sound to its 
original fcirm: in return for 
which display of his skill, Tibe- 
rius, it is said, ordi-red him lo 
be immediately put to deatn. 
The story is a strange one, yet 
it is conKrmed by Pliny, who 
both mem ions the discovery it- 
self, and gives a clue to the mo- 
tives whicli may have urged the 
emperor to a cruelty apparently 
so unprovoked. He speaks of 
an artificer who had invented a 
method of making tlexible glass, 
and adds, that Tiberius banished 
him lest this new fashion should 
injure the workers in metal, of 
whose trade the nianulacture ot 
gold, silver, and other drinking- 
ciips, and other furnimre for the 
table, formed an extensive and 
important branch. 



1 Juv.5. 41. Mart. xiv. 
lOM. 

2 Virg. G. ii. 506. Sen. 
Ira, iii. 40. 

3 pocula murrina. Mart. 
i,\. 60. 13. X. 49. Plin. 
xxxii. 1. xxxvii. 'i. 



4 Virg.Ecl. vi.l7. Juv. 8 Suet. Aug. 77. Mart. 
V. 47. Ov. Kp. xvi 252. viii. 51. 24. ix. 95. xi. 



5 i. e. alati vel ansati, 
Plin. xxxvi. 26. 

6 pueri eximia facie, 
Gell. XV. 12. 

7 Plaut. Pers. v. 2 16. 



37. Pers. lii. 100. Suet. 
Jul. 49. Hor. Od. 1. 
2t>. 8. Plaut. Men. ii. 
2.29. 
9 Mart. v. SO. viii. 33. 



ZS. XIV. I'-il. 
10 Mart. V. bS.xiv. lOi, 
104.117. Plin. XIX- aj. 
e, 28. xix.4.$.19.Sta. 
lip. 79. 



ROMAN ENTERTAINMENTS. 397 

friend or mistress, and used to take as many cyatlii as t!;ere 
were letters in the name,^ or as they wished years to them ; 
hence they were said, ad numerum bibere. A frequent number 
was three in honour of the Graces ; or nine, of the Muses. The 
Greeks drank first in honour of the gods, and then of their 
friends ; hence gr^co more bibere. They began Avith small 
cups, and ended with larger.'^ They used to name the person 
to whom they handed the cup ; thus, propino tibi, &c.^ 

A skeleton was sometimes introduced at feasts in the time of 
drinking-, or the representation of one,* in imitation of the 
Egyptians, upon which the master of the feast looking at it used 
to say, vivAMus, dum licet esse bene, let us live while it is 
allowed us to enjoy life ; tstivs rs kva Tt^TTiv, iaa^ui yao wTrodocuav 
roiovrog, drink and be merry, for thus shalt thou be after death.^ 

The ancients sometimes crowned their cups Avith flowers. 
But coronare cratera vel vina^ i. e. pocula, signifies also to fill 
with wine.^ 

The ancients at their feasts appointed a person to preside by 
throwing the dice, whom they called arbiter bibendi, magister 
vel rex convivii, modiperator vel modimperator {avy.TToaioi^x^g), 
dictator^ dux, strategus, &c. He directed every thing at plea- 
sure.' 

When no director of the feast was appointed, they were said 
cidpa potare jnagistra, to drink as much as tliey pleased {cidpa- 
batur ille qui multum biberet, excess only was blamed.)^ Some 
read cuppa vel cupa, but improperly ; for cupa signifies either 
a large cask or tun which received the must from the Avine- 
press, or it is put for copa vel caupa, a woman Avho kept a 
tavern,^ or for the tavern itself ; Avhence it Avas thought mean 
for a person to be supplied Avith wine, or from a retailer.^" 

During the intervals of drinking they often played at dice 
(alea), of Avhich there were two kinds, the tesstrcB and tali?^ 

The TEssER.^ had six sides, marked i. ii. iix. iv. v. vi., like 
our dice. The tali had four sides longwise, for the two ends 
were not regarded. On one side was marked one point (unio, 
an ace), called canis ; on the opposite side six (senio, sice) ; on 
the tAvo other sides, three and four {iernio et quaternio.) In 
playing they used three tessercB and four tali. They Avere put 
into a box made in the form of a small tower, strait-necked, 
wider below than above, and fluted in ringlets,^- called fritillus,^'' 
and being shaken Avere thrown out upon the gaming-board or 

1 Pliut. Pers. V. i. 20. SO. Ter. Eun. v. 9. 57. 525. vii. 147. G. ii, 528. 10 de propola vel prnpa- 
Hor.Od.i.27.9. Tibul. A'irg. ^En.i. 728. Mart. Tibul. ii. 5. 98. la. Cic. Pis. 27. Suet. 
ii. ]. 31. Mart i. 72. i. 09. vi.44. Juv. v 127. 7 Hor. Od. i. 4. 18. ii, Claud. 40. 

2 Ov. F. iii. 5?.J.Hor. 4 larva argentea, Petr. 7. 25. Cic Sen. 11. 11 Plant. Cure, ii.3. 75. 
Od. iii 19. 11. Auson. 34. Plaut. Sticli. v. 4. 20. Cic. Sen. 16. 

Eidyl, xi, 1. Cic. Vcr. 5 Herodot. ii, 78- s. 74, 8 Hor. Sat. ii. 2, 123, 12 iutu.s gradus excisos 

i. 26. Ibi Ascon. PIul. Conv. Sapient,6. 9 quae cauponam, yel habens. 

3 Oic. Tusc. i. 40. Petr. 34. taberna;n exerceret, IS pyrgus, tarris, turri- 
Plaut. Sticli. V. 4. 26. 6 Virg. .(En. i. 724. iii. Suet, Nor, 37. >um. phimus, orca,i:c, 

2l 



398 ROMAN ANTIQUITIES. 

table (forus.)^ The liighest or most fortunate throw,^ called 
VENUS, or JACTUs VENEREus vcl BAsiLicus, Avas, of the tcssera?, 
three sixes ; of the tali, when all of them came out different 
numbers. The worst or lowest throw,^ called canes vel cani- 
cul(B, vel vulturii, was, of the tesseras, three aces ; of the tali, 
when they were all the same. The other throws Avere valued 
from their numbers.* "When any one of the tali fell on tlie 
end,^ it was said rectus cadere vel assistere^ and the throw was 
to be repeated. The throw called Venus determined the direc- 
tion of the feast. '^ While throwing the dice, it was usual for a 
person to express his wishes, to invoke or name a mistress, or 
the like.8 

They also played at odds or evens,^ and at a game called 
DUODECiM scRiPTA vcl scriptula, or bis sena ■puncta^^ on a square 
table,^^ divided by twelve lines,^^ on which were placed counters 
(calculi, iatrones, v. latrunculi) of different colours. The 
counters were moved ^^ according to throws *^ of the dice, as 
with us at gammon. The lines were intersected by a transverse 
line, called linea sacra, which they did not pass without being 
forced to it. When the counters had got to the last line, they 
were said to be inciti vel immoti, and the player ad incitas vel 
-a redactus, reduced to extremity ; unam calcem non posse ciere^ 
i. e. unum calculum mover e^ not to be able to stir. In this 
game there was room both for chance and art.^^ 

Some exclude the tali or tesserae from this game, and make 
it the same with chess among us. Perhaps it was played both 
ways. But several particulars concerning the private games of 
the Romans are not ascertained. 

All games of chance were called alea, and forbidden by the 
Cornelian, Publician, and Titian laws, except in the month of 
December. These laws, however, were not strictly observed. 
Old men were particularly fond of such games, as not requiring 
bodily exertion.^'' The character of gamesters (aleatores vel 
aleones) was held infamous.''^ 

Augustus used to introduce at entertainments a kind of 
diversion, similar to what we call a lottery ; by selling tickets 
{sortes), or sealed tablets, apparently equivalent, at an equal 
price ; which, when opened or unsealed, entitled the purchasers 
to things of very unequal value ;^^ as, for instance, one to 100 

1 alveus, vel tabula In- 17. Pprs. Sat. iii. 49. 9 par impar ludebant, Art. Am. ii. 203. ii 
soria aut aleatoria. Mart. xiv. 14,&c. Suet. Aug. 71. 363. Auson. Prof. i.Si; 

2 jactus, bolus vel ma- 5 in caput. 10 Cic. Or. i, 50. Non. Mart, vii, 71. xiv. 20. 
nus. 6 Cic. Fin. ill. 16. Mure. ii. 781. Quinct. 16 Hor. Od. iii. 24. 58 

S jactus pessimus vel 7 archiposia, incompo- xi. 2. Mart. xiv. 17. Mart, iv, 14. 7. v. 85 

damnosus. tatione priiicipatus, 11 tabula vel alveus. xiv. 1. Sic. Sen. 16 

4 Cic. Uiv. i. 13. ii. magisteriuni, Cic. Sen. 12 lineaj vel scripta. Suet. Aug. 71- Juv 

21. 59. Suet. Aug. 71. 14. vel regnum vini, Iii promovebantur. xiv. 4. 

Ov. Art. Am. ii. 20j. Hor. Od. i. 4. 18. 14 boli vel jactus. 17 Cic. Gal. ii. 10. Phil 

Trist. ii. 474. Prop. iv. 8 PJaut. Asin. v. 2. 55. 15 Plaut. Poen. iv. 2. ii. 27. 

9. 20. Plaut. Asin. v. iv. 1. 35. Capt. i. 1. 5. 86. Trin. ii. 4. 136. 18 res inequalissimj;. 

8. 55, Hor. Sat. ii. 7. Cure. ii. 3. 78. Ter. Art, iv. 7.21. Ov. 



RITES OF RIARRIAGE. 399 

gold pieces, another to a pick-tooth/ a third to a purple rohe. 
&c, ; in like manner pictures, with the Avrong- side turned to 
the company,^ so that, for the same price, one received the pic- 
ture of an Apelles, of a Zeuxis, or a Parrhasius, and another, 
the first essay of a learner. Heliogabalus used to do the same."^ 

There was a game of chance (which is still common in Italy, 
chiefly, however, among the vulgar, called the game of morra), 
played between two persons, by suddenly raising or compressing 
ihe fingers, and, at the same instant, guessing each at the num- 
ber of the other ; when doing thus, they were said micare digi- 
Tis. As the number of fingers stretched out could not be 
known in the dark, unless those Avho played had implicit confi- 
dence in one another ; hence, in praising the virtue and fidelity 
of a man, he Avas said to be dignus quicum in tenebris mices, a 
person with whom you may safely play at even and odd in the 
dark.^ 

The Romans ended their repasts in the same manner in 
which they began them, with libations and prayers. The 
guests drank to the health of their host, and, under the Casars, 
to that of the emperors. When about to go away, they some- 
times demanded a parting cup in honour of Mercury, that he 
might grant them a sound sleep. ^ 

The master of the house ^ used to give the guests certain 
presents at their departure, called apophoreta, or xenia, which 
were sometimes sent to them. Xenium is also put for a present 
sent from the provinces to an advocate at Rome, or given to the 
governor of a province.^ 

The presents given to guests being of different kinds, Avere 
sometimes distributed by lot, or by some ingenious contrivance.^ 

III. ROMAN RITES OF MARRIAGE. 

A LEGAL marriage ^ among the Romans was made in three 
different ways, called usus, cnnfarreatio^ and coemptio. 

1. Usus, usage or prescription, was when a woman, with the 
consent of her parents or guardians, lived with a man for a 
whole year,^" without being absent three nights, and thus became 
his lawful wife, or property, by prescription.^^ If absent for 
three nights,^^ she was said esse usurpata, or isse usurpatum^ sc. 
suum jus^ to have interrupted the prescription, and thus pre- 
vented a marriage ; usurpatio est enim usucapio7iis interruptio}^ 

1 dentiscalpium- s. 52. Suet Au;^. 13. 7 Suet. Aug. 75. Gal. 10 matrimonii causa, 

ii aversas taoularum 5 Ov. F. ii. 635. Petr. 55. Vesp. 19. Mart. 11 usu capta fuit, Goll. 

picturas in convivio 60. Mart. Delph. i. 72. xiii. 3 xiv. 1. Petr.60. iii. 2. 

venditare snlebat. 6 herus, dominus, paro- Plin. Ep. v. 14. vi. 31 12 trinoctium. 

3 Lamp, in Vita ejus, ctius, coenae magister, Vitr. vi. 10. Digest. 13 Gel!, iii 2. D. 41. 3, 

21. Suet. Aug. 75. convivator, Hor. Sat. 8 Mart. xiv. 1, 5—40. 2. see p. 47. 

i Cic. Div. ii. 4). Off. ii. 8. 35. Mart. xii. 48. 144. 170. Petr. 41. 

iii. 19. 23. Fio. ii. l(j. GelL xiii. 11. 9 justuni in.itriiuoniuiii. 

2 1.2 



400 ROMAN ANTIQUITIES. 

2. CoNFARREATio, was whcu a man and woman were joined 
in marriage by the pontifex maximus, or jlamen dialis, in pre- 
sence of at least ten witnesses, by a set form of words, and by 
tasting- a cake made of salt, water, and flour, called far, or 
PANis FARREus vcl farreiim libum ; wliich was offered ^vith a 
sheep in sacrifice to the gods.^ 

This was the most solemn form of marriage, and could only 
be dissolved by another kind of sacrifice, called diffarreatio.'^ 
By it a woman was said to come into the possession or power of 
her husband by the sacred laws.*^ She thus became partner of 
all his substance and sacred rites, those of the penates, as well 
as of the Invest If he died intestate, and without children, she 
inherited his whole fortune as a daughter. If he left children, 
she had an equal share with them. If she committed any 
fault, the husband judged of it in company with her relations, 
and punished her at pleasure. The punishment of women pub- 
licly condemned, was sometimes also left to their relations.'' 

The children of this kind of marriage were called patrimi et 
iMATRiMi, often employed for particular purposes in sacred 
solemnities. Certain priests were chosen only from among 
them ; as the flamen of Jupiter,'' and the Vestal virgins. Ac- 
<;ording to Festus, those were so called whose parents were 
both alive. If only the father was alive, patrimi, vel -es ; if 
only the mother, matrimiy vel -es. Hence Minerva is called 
PATRiMA VIRGO, becauso she had no mother ; and a njaja who had 
children while his own father was alive, pater patrimus.^ 

This ceremony of marriage in later times fell much into 
disuse. Hence Cicero mentions only two kinds of marriage, 
usus and coemptio.** 

3. Coemptio Avas a kind of mutual purchase,'^ Avhen a man 
and woman were married, by delivering to one another a smuU 
piece of money, and repeating certain words. The man asked 
the woman, if she was willing to be the mistress of his family, 
AN siBi MATER FAMiLi-E ESSE vELLET ? fclie ausw^cred that she 
was, SE VELLE. Ill the same manner, the woman asked the man, 
and he made a similar answer.^" 

The effects of this rite were the same as the former. The 
woman was to the husband in the place of a daughter, and he 
to her as a father. She assumed his name, together with her 
own ; as Antonia Drusi, Domitia Bibuli, &c. She resigned tu 
him all her goods,^^ and acknowledged him as her lord and 
master.^'- The goods which a woman brought to her husband, 



1 Dio.iy. ii. 25. Serv. 


4 see p. 230. 


Rpsp. Har. 11. Tac. 


Cic. Topic. 3. 


... 


Virg. G.i. 31. /En. iv. 


5 Diony. ii. 25. Plin. 


Hist. iv.4J.An. iv. 16. 


11 Serv. Vir^.G. 


i. 31. 


104. P/in. :tviii.2. 


xiv. 13. Suet. Tib. 35. 


7 fell. i. 12. Gatul. i. 


Ter. Andr.iJa.til 


Cic. 


2 Festus. 


'!ac. An. xiii. 32. Liv. 


9. Festus. 


Top. iv. 
12 doiniiius, Virg 




O xara Ko^ot'S ifpoi'S a.v- 


xxxijc 18 Val. Max. 


8 Flue. 34. Tac An. iv. 


vEn. 


V-Tov,A9«v, ii.m«.ium, 


vi.3. 5. 


lb. 


iv. 103. 2li. 




i. fi votestatem viii 


6 Serv. Virg. G. i. 31. 


P e;upt;o, venditiii. 






convciiira. 


l/.v. xxxvii. 3. Ci.--. 


JO Cic. Or. i. or.Buotli. 







RITES OF MARRIAGE. 



401 



besides her portion, were called parapherna, -orum or bona 
varaphenmlia. In the first days of the republic dowries were 
very small; that given by the senate to the daughter of Scipio 
was only 11,000 asses of brass, j£35 : 10 : 5; and one Megullia 
was surnamed dotata, or the great fortune, because she had 
50,000 asses, i. e. £161 : 7 : 6.^ But afterwards, upon the 
increase of wealth, the marriage-portions of wom.en became 
greater, decies centena, sc. sestertia, £8072 : 18 : 4, the usual 
portion of a lady of senatorial! rank. Some had ducenties, 
£161,458 : 6 : Q:^ 

Sometimes the wife reserved to herself^ a part of the dowry; 
hence called dos recepticia, and a slave, who was not subject to 
the power of her husband, servus recepticius, or dotalis.* 

Some think that coemptio was used as an accessory rite to 
confarreatio, and retained when the primary rite Avas dropped.^ 

The rite of purchase in marriage was not peculiar to the 
Romans; but prevailed also among other nations; as among 
the Hebrews, Thracians, Greeks, Germans, Cantabri in Spain, 
and in the days of Homer,^ to Avhich Virgil alludes, G. i. 13. 

Some say that a yoke ^ used anciently to be put on a man 
and woman about to be married ; whence they were called con- 
JUGES. But others think this expression merely metaphorical.^ 

A matrimonial union between slaves was called contubernium ; 
the slaves themselves contubernales,^ or Avhen a free man lived 
with a woman not married (concubinatus), in which case the 
woman was called concubina, pellaca,^" or pellex ;^^ thus, pellex 

REGIN^, FILIiE, SORORIS, jovis, i. e. 10.^- 

Married women were called matrons, or matres familias^^ 
opposed to meretrices, prostitutcB, scorta, &c. 

There could be no just or legal marriage ^* unless between 
Roman citizens,^^ without a particular permission for that pur- 
pose, obtained first from the people or senate, and afterwards 
from the emperors.^^ Anciently, a Roman citizen was not 
allowed even to marry a freed-woman ; hence Antony is 
reproached by Gicero for having married Fulvia, the daughter 
of a freed man, as he afterwards Avas detested at Rome for 
marrying Cleopatra, a foreigner, before he divorced Octavia ; 
but this Avas not esteemed a leoal marriaae.^^ 



1 A'al. Max. iv. 4. 10. 

2 Mart. ii. 63. 5. v. 38. 
34. xi. 24. 3. Juv. vi. 
136. X. o55. 

3 lecepit, Cic. Orat. ii. 
5J. Topic. 26. vel ex- 
cepit, i. e. in usum 
suum reservavit. 

4 Gell. xvii. 6. Plaut. 
A sin. \.'2. 

5 Clc. Flac. 31. 

6 Gen. xxix. 18. 1 Sam. 
xviii. 25. Xen. Anab. 
vii. Herooot.Tei.inil. 



Euiip. Med. 332. Tac. 
Mor. G. IS. &c. Strab. 
iii. 165. Horn. Odys. 
viii. 317. 

7 jugum. 

8 S.Tv. A'irj;. Mn. iv, 
16. Hor. Oil. ii. 5. 1. 
iii 8. 1.8. Plaut. Cure, 
i. 1.50. 

9 see p. 41. 

10 Suet. Vesp. 3. Cic. 
Or. i. 40. Suet. Vesp. 
21. 

11 quae propria fuit ejus, 

2 



qui uxorem liaberet, 
Fest. Plaut. Rud. v. 4. 
3. Gell. iv 3. 

12 Suet. Caes. 49. Cic. 
Cluent. 70. Juv. ii. 57. 
Ov. Met. vi. 537. Fp. 
9. 132. xiv. 95. et alibi 
passim. 

13 Gell. xviii. 6. 

14 nuptiie, justum ma- 
trimouiuni,connubiuin, 
conjugium, vel consor- 
tium, i. e. eaHern for- 
tuna aut conditio, for 

L 3 



better, for woise. 

15 non prat cum externo 
ciinnubium, Sen. Ben. 
iv. 35. 

16Liv.xxxviii.36. Ulpi. 
Fragni. v. 4. coujiige 
barbara turpis marltus 
vixit, he lived as a 
shauieful husband with 
his barbarian wife,Hor. 
Od. iii. 5. 5. 

17 Liv. xxxix. 19. Plin. 
ii. 2. iii. t. I'jut. Anto. 



402 



ROMAN AJITIOUiTlES. 



By the lex papia popp.ea, a greater freedom was allowed. 
Only senators and their sons and grandsons were forbidden to 
marry a freed-woman, an actress, or the daughter of an actor.^ 
But it was not till Caracalla had granted the right of citizen- 
ship to the inhabitants of the whole empire, that Romans were 
permitted freely to intermarry with foreigners. 

The Romans sometimes prohibited intermarriages between 
neighbouring districts of the same country, and what is still 
more surprising, the states of Italy were not allowed to speak 
the Latin language in public;, nor their criers to use it in 
auctions, without permission.^ 

The children of a Roman citizen, whether man or woman, 
and a foreigner, were accounted spurious, and their condition 
little better than that of slaves. They were called hybrid.k or 
ibridcB, vel -des,^ the general name of animals of a mixed breed, 
or produced by animals of a different species, mongrels;* as a 
mule from a horse and an ass, a dog from a hound and a cur : ^ 
hence applied to those sprung from parents of different nations,*^ 
and to words compounded from different languages. 

The children of a lawful marriage were called lkgitimi ; all 
others illegitimi. Of the latter there were four kinds : natu- 
R ALKs, ex cone ubina ; spurii, ex meretrice vel scorto et incerto 
patre ; adulterini et ingestuosi. There were certain degrees 
of consanguinity, within which marriage was prohibited, as 
between a brother and sister, an uncle and niece, &c. bJuch 
connection was called ingestus, -«5,vel -nm, or with a Vestal 
virgin.^ These degrees were more or less extended or con- 
tracted at different times.^ 

Polygamy, or a plurality of wives, was forbidden among the 
Romans.^ 

The age of puberty or marriage was from fourteen for men, 
and twelve for girls.^" 

A custom prevailed of espousing infants to avoid the penalties 
of the law against bachelors; but Augustus ordained, that no 
nuptial engagement should be valid, which was made more than 
two years before the celebration of the marriage, that is, below 
ten. This, however, was not always observed.^^ 

No young man or woman was allowed to marry without the 
consent of their parents or guardians. Hence a father was said 
spondere, vel despondere filiam aut Jilium, adding these words, 



1 Dio. liv. 16. 5 caiiis ex veiiatico et 8 Plut. Q.Rom.6. Tac. Suet. Aug. 34. 1. 17. 

2 Liv. viii. 14. u. 43. gregario, Plin. viii. 5. An. xii. 6, 7. Liv. i. Digest, xxili. tit. i. da 
xl 42. xlv. 29. 6 Hirt. Bell. Air. 19. 42. 46. xlii. 34. Suet. Sponsal. 

3 Uor. Sat. i. 7.2.Suet. Mart. vi. 39. viii. 22. Aug. 63. Glaud. 2t). 12 Cic FJac. 35. Att. 
Aug. 19. Livi xiiii. 3. 7 Plut. Q. Rom. 101. 9 Suet. JuL 52. Cic. i. 3. Ter. And. i. 1. 75. 

4 animalia ambigena Suet. 0126. Ner. 5. Or. i.40. Tac. Agric 9. Plauf, 
vel higenera, uiusi- Tac An. xii. 4 — 6. 10 Festus. Aul, ii. 2, 3, 1. 41. 49. 
mones, llmbri, &c. Suet. Dom. S 11 Dio. liv. 16. Ivi, 7. 



RITES OF MARRIAGE. 403 

There was a meeting- of friends, usually at the house of the 
woman's father, or nearest relation, to settle the articles of the 
marriage contract, which was written on tables,^ and sealed. 
This contract was called sponsalia, -orwn vel -ium, espousals ; 
the man who was betrothed or affianced, sponsus, and the 
Avoman sponsa, or pacta, as before sperata, and speratus.^ The 
contract was made in the form of a stipulation, an spondes ? 
Spondeo. Then likewise the dowry was promised, to be paid 
down on the marriage day,^ or afterwards usually at three 
separate payments.* On this occasion there was commonly a 
feast ; and the man gave the woman a ring,^ by way of pledge, 
which she put on her left hand, on the linger next the least ; 
because it was believed, a nerve reached from thence to the 
heart.^ 

Then also a day was fixed for the marriage.^ Certain days 
were reckoned unfortunate ; as the Kalends, Nones, and Ides, 
and the days which followed them, particularly the whole month 
of May,^ and those days which were called atri, marked in the 
kalendar with black ; also certain festivals, as that of the s.alii^ 
parentalia^ &c. But widows might marry on those days.'' 

The most fortunate time was the middle of the month of 
June.^'' 

If after the espousals either of the parties wished to retract,^^ 
which they expressed thus, conditions tua non utor, it was 
(tailed REPUDiuM (hence repudialus repetor, after being rejected, 
I am sought back) ; ^- and when a man or woman, after signing 
the contract, sent notice that they wished to break off the match, 
they Avere said repudium ei vel amicis ejus mittere, remittere, vel 
renunciare. But repudiare also signifies to divorce either a 
wife or a husband. ^^ 

On the wedding-day, the bride was dressed in a long Avhite 
robe bordered with a purple fringe, or embroidered ribands,** 
tliought to be the same with tunica recta, bound with a girdle ^^ 
made of wool,^^ tied in a knot, called nodus Hercideus, which the 
husband untied.^^ Her face was covered (nubebatur) with a 
red or flame-coloured veil,^^ to denote her modesty ; *^ hence 
nubere, sc. se viro, to marry a husband; dare vel collocard. 
Jiliam nuptum v. nuptui, i. e. in matrimonium dare, to marry a 
daughter or dispose of her in marriage. Her hair was divided 

1 legifiraaetabelte. 4 tribus pensionibus, 10 Ov. F. vi. 221. 362. 

2 Juv. ii. Uy. vi. 25. Cic. Att. xi. 4. 2:i. ult, 11 sponsalia dissolvere, 16 zona velcingulum la- 
199. X. 336. Gell. iv. 4. 5 annulas pronubus. infirmare, vel infrin- neum. 

Suet. Aug. 53. CI. 12. 6 Juv. vi. Zl. Macrob. gere. 17 solvebat, Ov. Ep. ii. 

Plaut. Poen. v. 3. 38. Sat. vii. 15. \i ier. And. i. 5. 15. 116. Fest. 

Trin. ii.4. 99. Amp.ii. 7 Ter. And. i. 1. 75. 13 Ter. Phor. iv.3. 72. ISluteum flammeum vel 

2. 44. Ov. Ep. xi. pro- 8 mense malum Majo v. 6. 35. Plaut. Aul. -us. 

pe finem. nubere valgus ait, O v. i v. 10.69. Suet. Caes. i. 19 Luc. ii. 361. Juv. ii. 

3 Plaut. Trin. V. 2. 34. F. v. 490. PluU Q. Quinct. vii. 8. 2. 124. vi. 2.'4. Schol. 
Tpt. And. V. 4. 47. Rom. 85. 14 segmentaetlonfiiha- loc. x. 334. Mart, xii, 
i.aet. 01. 26. Juv. X. Hscr. Sat. 1. 15, Plut. bitus, J»v. ii. 124". 42. Plin. xii. 8. 

iib, Q Rom. 103. 15 Piin, viii, 48- Luc. ii, 



404 ROMAN ANTIQUITIES. 

into six locks uith the point of a spear, and crowned with 
flowers.^ Her shoes were of the same colour with her veil.^ 

No marriage was celebrated without consulting the auspices,"* 
and offering sacrifices to the gods, especially to Juno, the god- 
dess of marriage. Anciently a hog A>as sacrificed. The gall of 
the victim was always taken out and thrown away, to signify 
the removal of all bitterness from marriage.* The marriage- 
ceremony Avas performed at the house of the bride's father, or 
nearest relation. In the evening, the bride was conducted ^ to 
her husband's house. She was taken apparently by force '' 
from the arms of her mother or nearest relation, in memory of 
the violence used to the Sabine Avomen. Three boys, Avhose 
pai'ents were alive, attended her; two of them, supporting her 
by the arm, and the third bearing a flambeau of pine or thorn 
before.' There were five other torches carried before her, 
called FACES nuptiales marit.e legitimes. Hence t-eda is put 
for marriage.^ 

Maid-servants followed with a distaff, a spindle, and avooI,^ 
intimating that she was to labour at spinning, as the Roman 
matrons did of old, and some of tlie most illustrious in later 
times. Augustus is said to have seldom Avorn any thing but the 
manufacture of his Avife, sister, daughter, and nieces, at least 
for his domestic robes.^" 

A boy named camillus carried, in a covered vase called 
cuMERUM vel -a, the bride's utensils (nubentis utensilia), and 
playthings for children (crepundia).^^ 

A great number of relations and friends attended the nuptial 
procession {pompam nwptialem ducehant), Avhich Avas called 
OFFiciuM ; ^- hence dugere uxorem, sc. dornum, to marry a Avife. 
The boys repeated jests and railleries ^^ as she passed along.^* 

The door and door-posts of the bridegroom's house Avere 
adorned Avith leaves and flowers, and the I'ooms Avith tapestry.^^ 

When the bride came thither, being asked Avho she Avas, she 
ansAvered, ubi tu caius, ibi ego gaia, i. e. ubi tu dominus et pater 
familius, ibi ego domina et mater familias, A new married 
Avoiuan was called gaia, from Caia Csecilia, or Tanaquil, the 
Avife of Tarquinius Priscus, who is said to have been an excellent 
spinster*'' and housewife. Her distaff and spindle Avere kept in 
the temple of Sangus or Hercules.*^ 

1 Plut.Rom.OuaEst.Se. Suet. Claud. 26. Tac. 8 Cic. Cluent. 6. Ov. 12 Juv. ii. 132. vi. 20.'. 
vel87. Ov. F. ii. 5tiU. An. xi.27. Luc.ii.371. Ep. xi. lUl. .Met. iv. Suet. Gal. 25. Claud. 
Catul.lix. 6. 4 Virg. Mn. iv. 59. 60. Lur. ii. 35U. Plut. 26. Ner. 23. 

2 iutei S"cci, Catul, lix. Var. K. B. ii. 3. Plut. O. Rom. 2. Virg. Mu. 13 sales et convicia, 
10. Plaut.Cas.prol.tg. piaecep. coicjug. i'v. 18. 14 Luc. ii. c69. Festus, 
Cic. Cluent. 5. Divici. 5 diicebalur vel deduce- 'J coins compta, et fusus Catull. lix. 1-27. 

i. 16. Liv. xlii. Ii batur. cum stamiiie. 15 Juv. vii. 51. 79.226. 

Suet. CI. 26. Tac. An. 6 abripiebatur. 10 Piin. viii. 48. s. 74. 16 lanifica. 

xi. 27. Val. Max. ix. 1. 7 tsidapinea vel spinea, Ov. F. ii. 741. Liv. i. 17 Cic. Mur. 12. Ouinc. 

? Juv. X. 336. Cic. Div. Fest. Catul. lix. 17. 57. Suet. Aug. 7-^. i. 7. Fest. Plin. viii. 

i. 16. Cluent. 5. 16. PJin. ;<vi. 18, Prop. iv. 11 Fest. Plaut. Gist. iii. 48. s, 74. 

Piaut. Gas. piol. 86. ];2. 46. 1. o. Rud, iv. 4. UU. 



ritf:s of marriagk. 405 

The bride bound the door-posts of her husband with woollen 
fillets/ and anointed^ thera with the fat of swine or wolves, lo 
avert fascination or enchantments; whence she was called 
UXOR, quasi unxor.^ 

She was lifted over the threshold, or gently stepped over it 
It was thought ominous to touch it with her feet, because the 
threshold was sacred to Vesta, the goddess of vii'gins.* 

Upon her entry, the keys of the house were delivered to her^ 
to denote her being entrusted with the management of the 
family. A sheep's skin was spread below her ; intimating that 
she was to work at the spinning of avooI. Both she and her 
husband touched fire and Avater, because all things were sup- 
posed to be produced from these two elements, with the water 
they bathed their feet.^ 

The husband on this occasion gave a feast (ccena nuptialis) to 
his relations and friends, to those of the bride and her attend- 
ants.'* 

Musicians attended, who sang the nuptial song,^ hymenlus 
vel -um, vel thalassio. They often repeated lo hymen hymen^e, 
and THALASSIO,*^ from Hymen the god of marriage among the 
Greeks, and Thalassus among the Komans, or from one Talas- 
sius, who lived in great happiness with his Avife, as if to wish the 
new-married couple the like felicity, or from roCKctaia,., lamfi' 
ciiim. These words used also to be resounded by the attend- 
ants of the bride on the way to her husband's house. Hence 
hymencBos canere, to sing the nuptial song, vel hymencBa, sc. 
carmina, Jiymencei inconcessi, forbidden nuptials, vetitiP 

After supper the bride was conducted to her bed-chamber^" 
by matrons who had been married only to one husband, called 
■pronubcB^^ and laid^^ in the nuptial couch,^^ Avhich was magni- 
ficently adorned, ^^ and placed in the hall ^^ opposite ^^ to the door, 
and covered with flowers, sometimes in the garden. If it had 
ever been used for that purpose before, the place of it Avas 
changed. There Avere images of certain divinities around, 
suBiGus, PERTUNDA, &c.^^ Nuptial songs Avere sung by young 
Avomen before the door till midnight, hence called epithalamia. 
The husband scattered nuts among the boys, intimating that he 
dropped boyish amusements, and thenceforth Avas to act as a 
man. Hence nuces relinquere, to leave triiles and mind serious 

1 Piin. xxix. 2. s. 9. iv. 10. Ov. F. iv. 792. 9 Mart. xiii. 42. 5.Fest. 15 in atrio vel aula, Kor- 
I-uc. ii. 355. Serv. Art. Am. ii. 598. Serv. Liv. i. 9. Plul. Pomp. Kp, i. 1, 67. 

Virg. .iin. iv. 458. Virg. iEn. iv. 167. Rom. et Ro:n. Qusest. 16 adversus. 

2 ungebat 6 Plaut Cure. v. 2. 62. 31. Ov. lip. xil. H3. 17 Cic. Cluent.5.Catnl. 

3 Plin. xxviii,9. s. 37. Suet. Gal. 25. Juv. vL xiv. 37. Art Am. i. /ix. 192. Donat. Ter. 

4 Luc. ii. 355. Plut. 201. 563. A'ire. /En. i. 651. Eun. iii. 5. 45. Juv. x. 
Horn. Quaest Rom, 23. 7 epilhalamium. vi. 623. vii. 393. 331. Tac An. xv. 37. 
Piaut. Caa. iv. 4. 1. 8 Mart. iii. 93.25. Catul. 10 in thalamujn. Prop. iv. 11. 81. 12. 85. 
Serv. Virg. Eel. viii. 61. Ter. Adel. v. 7.7. U Festus. 9.59.Gell.xvi.9.Arnol.. 
29. Stat. Sylv. ii. 7. 87. 12 coUocabatur. iv. August. Civ. Dti, 

5 Fpst. Plut. Ouaesl. Plant. Cas. iv. 3, Mart. 13 lectus ?enialis. vi. 9. 
H..in. 31. 1. VarTL. i,. i. 36. 6. 14 Catul. lu. 188. 



406 ROMAN ANTIQUITIES. 

business/ or from boys playing with nuts in the time of the 
Saturnalia, which at other times -vvas forbidden. Young women, 
when they married, consecrated their playthings, and dolls or 
babies (pup.^i) to Venus.^ The guests were dismissed with small 
presents.^ 

Next day another entertainment was given by the husband, 
called REPOTiA, -orum, when presents were sent to the bride by 
her friends and relations; and she began to act as mistress of 
the family, by performing sacred rites.* 

A woman after marriage retained her former name ; as Julia, 
Tullia, Octavia, Paulla, Valeria, &c. joined to that of her hus- 
band ; as CATONis marcia/ Julia Pompeii, Terentia Ciceronis, 
Li via Augusti, &c. 

Divorce,*' or a right to dissolve the marriage, was, by the law 
of Romulus, permitted to the husband, but not to the wife ; as 
by the Jewish law,^ not however without a just cause.^ A 
groundless or unjust divorcee Avas punislied with the loss of 
effects ; of which one half fell to the wife, and the other was 
consecrated to Ceres. 

A man might divorce his wife if she had violated the conjugal 
faith, used poison to destroy his offspring, or bi-ought upon him 
supposititious children ; if she had counterfeited his private 
keys, or even drunk wine without his knowledge. In these 
cases, the husband judged together with his wife's relations. 
This law is supposed to have been copied into the Twelve 
Tables.^ 

Although the laws allowed husbands the liberty of divorce, 
there was no instance of its being exercised for about 520 
years. Sp. Carvilius Ruga was the first who divorced his wife, 
although fond of her, because she had no children, on account 
of the oath he had been forced to take by the censors, in com- 
mon with the other citizens, uxorem se liberdm qu<Brendorum 
cpatia habiturum^ that he would marry to have children.^'' 

Afterwards divorces became very frequent ; not only for 
important reasons, but often on the most frivolous pretexts.*^ 
Cassar, when he divorced Pompeia, the niece of Sylla, because 
Clodius had got admission to his house in the garb of a music- 
girl, at the celebration of the sacred rites of the Bona Dea, de- 
clared, that he did not believe any thing that was said against 
her, but that he could not live with a Avife who had once been 
suspected.^^ 

1 Ov. F. iii. 675. 695. 1. Juv. vi. 202. 9 Gell. x. 23. Plin. xiv. 26. Ner. 35. Val.Max. 
Plln. XV. 22.Servr.Ecl. 4 Fest. Hor. Sat. ii. 2. 12. Dion v. ii. 25. Cic. vi. 3. 11, 12. Dii). xlvi. 
viii. 30. Catul.lix.131. 60. Macr. Sat. i. 15. Pliil.ii. 28. IS. Plut. L. Paullo 
Pers. i. 10. 5 Luc. ii. 344. 10 Gell. iv. 3.Val.Max. Ciceroii. Juv. vi. 147. 

2 Suet. Aug. 83. Mart. 6 divortium. ii. 1.4. Diony. ii. 25. 12 Cic. Sext. 34. AM. i. 
V. 85. xiv. 1. 12. 18. 7 Deut. xxiv. 1. Plut. Rom. et Rom. 12. Die. xxxvii. 45. 
Pers. ii. 70. 8 Plut. Rom. Festus in Quaest. 13. Suet. Cies. 6. 

S apophoreta, Mart. xiv. Sonticuiu. li Suet. Aug. 62. Claud. 



KITES OF MARRIAGE. 407 

If a wife was guilty of infidelity she forfeited her dowry :^ 
but if the divorce was made Avithout any fault of hers, the dowry 
was restored to her. When the separation was voluntary on 
both sides,^ she sometimes also retained the nuptial presents of 
her husband.^ 

In the later ages of the republic, the same liberty of divorce 
was exercised by the women as by the men. Some think that 
right was granted to them by the law of the Twelve Tables, in 
imitation of the Athenians.* This, however, seems not to have 
been the case ; for it appears they did not enjoy it even in the 
time of Plautus ; only if a man was absent for a certain time, 
his wife seems to have been at liberty to marry another.^ After- 
wards, some women deserted their husbands so frequently, and 
with so little shame, that Seneca says, they reckoned their years 
not from the number of consuls, but of husbands.^ This deser- 
tion very frequently happened without any just cause. But a 
freed woman, if married to her patron, was not pei'mitted to 
divorce him.^ 

Augustus is said to have restricted this license of bona gratia 
divorces, as they were called,^ and likewise Domitian. They 
still, however, prevailed ; although the women who made them 
ivere by no means respectable.^ 

The man was said a^roxE^Trs/y, dimitte?-e itzorem ; and the 
woman ciTroT^HTvuv, relinquere vel deserere virum ; both, facer e 
divortium cum uxore vel viro, a viro vel ab uxoreP 

A divorce, anciently, was made with different ceremonies, 
according to the manner in Avhich the marriage had been 
celebrated. 

A marriage contracted by confarreatio, was dissolved by a 
sacrifice called diffarreatio ; ^^ which was still in use in the 
time of Plutarch, when a separation ^- took place betwixt the 
ilamen of Jupiter and his wife.^^ 

A marriage contracted by coemptio was dissolved by a kind 
of release called remancipatio. In this manner Cato is sup- 
posed to have voluntarily given away his wife Marcia to Hor- 
tensius, and Tiberius Nero his wife Livia to Augustus, even when 
big with child.^* 

In later times, a divorce Avas made with fewer ceremonies. 
In presence of seven witnesses, the marriage-contract Avas torn,^^ 
the keys were taken from the wife,^'' then certain words were 
pronounced by a freedman, or by the husband himself, res tuas 

1 Val. Max, viii. 2, 3. que per autumnos, est, she who marries ]4 Plut. Cat. Tac. An. v. 

2 cum bona gratia a se eight husbands are so often, does not mar- 1. Dio. xlviii. 44. Vei. 
invicem discedc-bant. made in five autumns, ry; she is an adulter- ii. 94. 

3 Ov. Reoj. Am. 6u9. vi. 2i8. Mart. vi. 7. ess by law, Mart. vi. 7. 15 tabulae nupliales ve". 

4 Plut. in Alcibijde. Cic. Farn. viii. 7. 10 Cic. Fam. viii. 7. D. dotales frangehantur, 

5 Merc. iv. 6. Plaut. 7 ei repudium mittere. 24.3.34. Tac An. xi. 30. Juv. 
Stich.i. 1.29. 8 Suet. Aug. 34. II Festus. ix. 75. 

6 Benef. iii. 16. so Juv, 9 quae nubit toties. non 12 disiidium. 16 claves adiniebantUTj 
tiunt octo mariti quia- nubit; adultera ' lege ISfluminica, Q Rom.50. Cic. Pkil. ii. ;:S. 



408 ROMAN ANTIQUITIES. 

TIEI HABE Vel -ETO ; TUAS RES TIBI AGITO ; EXI, EXI OCYUS ; VADH 

FORAs, I FORAs, MULiER ; CEDE DOMO. Hciice exigevc foras vel 
ejicere, to divorce.^ 

If the husband was absent, he sent his wife a bill of divorce.^ 
on which similar words were inscribed. This was called 
matrimonii renunciatio. 

If the divorce was made without the fault of the wife, her 
whole portion was restored to her; sometimes all at once, but 
usually by three different payments.^ 

There was sometimes an action (actio mal-e tractationis), to 
determine by whose fault the divorce was made. When the 
divorce was made by the wife, she said valeas, tibi habeas tuas 
RES, REDDAS MEAS ; farewcll, keep your own things, and let me 
have mine.* 

Divorces were recorded in the public registei's/ as were mar- 
riages, births, and funerals.^ 

Widows were obliged to wear mourning for their husbands 
at least ten months, and if they married within that time, they 
were held infamous ; ' but men were under no such restriction. 

M. Antoninus, the philosopher, after the death of his wife 
Faustina, lived with a concubine,^ that he might not bring in a 
step-mother on nis children.'* 

Second marriages in women were not esteemed honourable, 
and those who had been married but to one husband, or who 
remained in Avidowhood, were held in particular respect. Hence 
UNiviRA is often found in ancient inscriptions, as an epithet of 
honour. So, uni nupta.^" Such as married a second time were 
not allowed to officiate at the annual sacred rites of Female 
Fortune. ^^ Among the Germans second marriages were pro- 
hibited by law.^^ 

IV. ROMAN FUNERALS. 

The Romans paid the greatest attention to funeral rites, be- 
cause they believed that the souls of the unburied were not 
admitted into the abodes of the dead, or, at least, wandered a 
hundred years along the river Styx, before they were allowed 
to cross it: for which reason, if the bodies of their friends 
could not be found, they erected to them an empty tomb, 
(tumulus inanis, Ksvoroi<pioUf cenotaphium,) at which they per- 
formed the usual solemnities; and if they happened to see a 

1 Plaut Casin. ii. 2. 36. 3 Cic. Att. xi.4. 23. 25. Suet. Ner. 39. 11 fortuna muliebris. 

Amp. iii. 2. 47. Cic. 4 Cic. Top.4. Quin. vii. 7 Sen. Ep. 65. L. 2, C. Diouy. viii. 56. Val. 

Or. i, 40. PhiL ii. 28. 3. D^'clam. viii. 18. de secund- Nupt. Max. 1. 8. 4. Seiv. 

Ov.Ep.xii.13J.Juv. 383. P.aut. Am. iii. 2. 8 ne tot liberis super- Virg. JS.a. iv. IP. 

vi. 145. Mart. x. 42, 47. ducertt novcrcam. Fesius ia Pudicilia 

xi. 105. 1.2.9. D.Dlv. 5 acta, Cic. Fani. viii. 9 Capit. in Vita ejus, signum. 

•2 nuncium reraitlebat, 7. Sen. Ben. fin. Ii Tac. Mor. Germ 19. 

Cic. Att i.lO. 6 Juv. ii. 136. ix. 81. 10 Prop. iv. ult. 



FUNERALS. 409 

dead body, they always threw some earth upon it, and whoever 
neglected to do so, was obliged to expiate his crime by sacri- 
ficing- a hog to Ceres ; ^ hence no kind of death was so much 
dreaded as shipwTeck ; hence also rite condere manes, to bury- 
in due form ; condere animam sepulchro, to give the soul repose 
in the tomb ; and to want the due rites was esteemed the greatest 
misfortune.^ 

When persons Avere at the point of death, their nearest rela- 
tion present endeavoured to catch their last breath with their 
mouth,^ for they believed that the soul or living principle 
(anima), then Avent out at the mouth. Hence the soul of an old 
person * was said in primis labris esse, or in ore primo teneri ; 
so ANIMAM agere^ to be in the agony of death. ^ Animam dare, 
effiare, exhalare, exspirare, effundere, &c. to die. 

They now also pulled otf their rings, which seem to have 
been put on again before they Avere placed on the funeral pile.^ 

The nearest relation closed the eyes and mouth of the de- 
ceased, probably to make them appear less ghastly. The eyes 
Avere afterAvards opened on the funeral pile.^ When the eyes 
Avere closed, they called^ upon the deceased by name several 
times at intervals, repeating aye or vale, Avhence corpora 
nondum conclamafa, just expiring ; ^ and those Avho had given 
up their friends for lost, or supposed them dead, Avere said eos 
cqnclamavisse ; so Avhen a thing Avas quite desperate, conclama- 
TUM EST, all is over.^" 

The corpse Avas then laid on the ground ; hence depositus, 
for in ultimo positus, desperates salutis, desperate, dying, past 
hopes of recovery ; ^^ or from the ancient custom of placing sick 
persons at the gate, to see if any that passed had ever been ill 
of the same disease, and Avhat had cured them ; hence deponere 
aliquem vino, to intoxicate ; posit i artus, dead ; so compositus 
vino somnoque, overpoAvered Avith wine and sleep.^^ 

The corpse Avas next bathed Avith Avarm Avater, and anointed 
Avith perfumes,^"^ by slaves called pollinctores,^* belonging to 
those Avho took care of funerals (libitinarii),^^ and had the 
charge of the temple of Venus Libitina, Avhere the things re- 
quisite for funerals ^^ Avere sold ; hence viiare Libitinam, not to 
die ; ^^ mirari nihil, nisi quod Libitina sacravit, to admire nobody 

1 Virg. JEn. iii, 304. 4 anima senilis. Met. x. 62. F. iv. 852. Amor. i. 4., 51. ii. 5. 
vi. 3-26. 505. Stat.Theb. 5 Sen.Ep.30.101.Herc. Catul. xcviil. 10. Luc, 22. 

xii. 132. 365. Hor. Od. Fur. 1310. Liv. xxvi. ii. 23. 13 Virg. Mn. vi. 219. 

i. 28. 23.36. Festus in 14. Cic. Fam. viiL 13. 10 Liv. iT.40.Ter. Eun. Plin. Ep. v. 16. Mart. 

Praecidanea agna. Tusc. i. 9. ii. 3. 66. iii. 12. 

2 Ov. Trist. i. 2. 51. 6 Suet. Tib. 73. Plin. 11 Ov. Trist. iii. 3. 40. 14 quasi pellis unctores. 
En. I. 119. Plin. Ep, xxxL 1. Prop. iv. 7. 9. Pont. ii. 2. 47. AHrg. Plant. Asin. v. 2. 60. 
vii. 27. Virg. .(En. iii. 7 Virg. jEn. ix. 487. ^n. xii. 395.Cic. A^er. Poen. P.ol. 63. 

68. Plaut Most. ii. 2. Ov. Her. i. 1U2. 113. i.2. 15 Sen. Ben. vi. 38. 

66. Suet. Cal. 59. ii. 102. x. 120. Luc. iii. 12 Serv. Virg. JE.n. xii. 16 necessaria fiinerihus 

3 extremum spiritiim 740. Suet Ner. 49. 395. Strab. iii. p. 155. 17 Plut. Kom. Quwit. 
oreexcipere, Cic.Ver. Plin. xi. 37. s. 55. xvi. 746. Herortot. i. R.23.Liv.xli.2l.Hor. 
V. 45. Virg. IE.a. vi. 8 inclamabant. 197. Plaut. Aul. iii. 6. Od. iii. 30. 6. 

664. 9 Ov. Trist. iii. 3. 43. 39. Ov. Her. x. 122. 

■2 M 



410 ROMAN ANTIQUITIES. 

till after his death ; Lihitinam evadere, to escape death ; Libiiina 
is also put for the funeral couch. ^ 

In this temple was kept an account ^ of those who died, for 
each of whom a certain coin was paid ; hence autumnusque 
gravis^ LibitincB qucestus acerbcB, the unwholesome autumn, 
ruthless Libitina's gainful season ; because autumn being un- 
healthful usually occasioned great mortality.^ 

The money paid for the liberty of burial and other expenses 
was called arbitrium, oftener plur. -ia ; so arbitrium vendendi 
salts, the monopoly of salt.* 

The body was then dressed in the best robe which the de- 
ceased had worn when alive ; ordinary citizens in a white toga,^ 
magistrates in their praetexta, &c., and laid'' on a couch in the 
vestibule/ with the feet outwards, as if about to take its last 
departure. Hence componere, to bury.^ Then a lamentation 
was made. Hence, sic positurn offati discedite corpus, thus, 
Avith the last farewell to thy body laid out for burial, depart. 
The couch was sometimes decked with leaves and flowers, the 
bedstead of ivory. If the deceased had received a crown for 
his bravery, it was now placed on his head. A small coin, triens 
vel oboluSy was put in his mouth, which he might give to Charon 
{portitor vel porthmeuSy the ferryman of hell) for his freight.'' 
Hence a person who wanted this and the other funeral oblations 
was said abiisse ad Acheruntem sine viatica ; for without them 
it was thought that souls could not purchase a lodging, or place 
of rest. ^" 

A branch of cypress was placed at the door of the deceased, 
at least if he was a person of consequence, to prevent the ponti- 
fex maximus from entering, and thereby being polluted, for it 
was unlawful for him not only to touch a dead body, but even 
to look at it. This tree was sacred to Pluto, because when once 
cut it never grows again, called atra, feralis^ funerea vel fane- 
bris, fi'om its being used at funerals.^^ 

The Romans at first usually interred ^- their dead, which is 
the most ancient and most natural method^^ They early 
adopted the custom of burning^* from the Greeks, which is 
mentioned in the laws of Numa, and of the Twelve Tables,'^ but 
it did not become general till towards the end of the republic. 

Sylla was the first of the patrician branch of the ge?is Corne- 

1 Id. Ep. ii. 1. 49. Juv. Juv. ill. 172. Pers. iii. 104. Hor. Sat. Plin. xvi. 33. Dio. Ivi. 
xii. 122. Mart. viii. 43. 6 componebatur vel col- i. 9 28. 31. Sen. Marc. 15. liv. 
4. Acron. in Hor. Od. locabatur. 9 Vir?. iEn. ii. 644. xi. 28. Virg. JEn. iii. 61. 
iii. 30. 6. 7 locus vacuus ante ja- 66. Diony. xi. 39. Cic. iv. 5117. 

2 ratio vel epliemcris. nuam don. us per quern Legg. ii- 24. Prop. ii. 12 humabant. 

3 Suet Ner. 39. Diony. a via adades itur. Gel. 10. 21. Plin. xxi. 3. 13 Gic. Legg. ii. 22^ 
iv. 15. Hor. Sat. ii. ti. xvi. 5. Juv. iii. 267. Plin. vii. 64. Genes, iii. 
19. Phaedr. iv 19. 25. 8 Ov. Met. ix. 502. F. 10 nusquani posse di- 19. 

4 Cic. post Hed. in Sen. iii. 547. v. 426. Tac. verti, Plaut. Pcen. 14 cremanli vel combu- 
7. Doni. 37.Pis.9. Liv. Agr. 45. Hist. i. 47. Prol. 71. rendi. 

ii.9. Sen. Ep.12. Brev.Vit. 11 Luc. iii. 442. Fest, 15 Plut. Num. 

i Virg. JEn. ix. 483, 20. Suel. Aug. 101. Hor. Od. ii. H. 23. 



FUNERALS. 411 

Ha that was burned, which he is supposed to have ordered, lest 
any one should dig up his body and dissipate his remains, as he 
did those of Marius. Pliny ascribes the first institution of 
burning among the Romans to their having discovered, that the 
bodies of those who fell in distant wars were dug up by the 
enemy. It appears, however, to have prevailed at an early 
period. The Avise men among the Indians, called gymnosophis- 
T.*;, commonly burned themselves alive, as Calanus in presence of 
Alexander, and Zamarus at Athens, while Augustus was there.^ 

Under the emperors, the custom of burning became almost 
universal, but was afterwards gradually dropped upon the intro- 
duction of Christianity, so that it had fallen into disuse about 
the end of the fourth century.^ 

Children before they got teeth were not burned, but buried 
in a place called suggrundarium.^ So likewise persons struck 
with lightning* were buried in the spot where they fell, called 
BiDENTAL, bccause it was consecrated by sacrificing sheep 
{bidentes).^ It was enclosed with a Avail, and no one Avas alloAved 
to tread upon it. To remove its bounds '^ was esteemed sacrilege.^ 

The expressions sepelire, sepultura, and seputchrum, are 
applied to every manner of disposing^ oi^ a deaa body. So also 
MUMARE, &c. JusTA, €Xsequi(B vcl fuuus, fuucral obsequies or 
solemnities ; hence 3vsi:\funebria,justafunerum xelexsequiarunif 
et justa funera alicui facere, solvere ve\ persolvere, reddere justa 
funeri.^ But exsequi^ properly denotes the funeral procession. ^'^ 
Hence exskquias duceix, deducere, comitari, frequentare, prose- 
qui, &c., to attend the funeral ; funeri interesse}^ 

Of funerals, there Avere chiefly two kinds, public and private. 

The public funeral was called indictivum,^^ because people 
Avere invited to it by a herald.^-^ Of this kind the most re- 
markable Avere funus ceksorium, including- funus consulaj-e, 
prcetorium, triumphale, &c.. Publicum, Avhen a person Avas 
buried at the public expense,^* and collativum, by a public 
contribution.^^ Augustus AAas very liberal in granting public 
funerals,^'' as at first in conferring the honour of a triumph. 
There Avas also a military funeral performed at the public 
expense." 

A private funeral Avas called tacitum, translatitium, plebeium 
commune, and vulgare.^^ 

1 Diony. V. 47, 48. Cic. 5 Pers. ii. 27. Luc. i. 10 officium exsequia- liii. 30. liv. 28. Suet 

ib. Tusc. ii. 21. Plin. 606. viii. 864. Fest. rum v. pompa funebris. Vit. 3. 

ib. vi. 19, s. 22. Dio. Gell. xvi. 6. 11 Tac. Ann. ii. 32.xvi. 15 Liv. ii. 33. Vai.Max. 

lir. 9. 6 movere bidental. 6, 7. 21. Suet. Tib. 32. iv. 3. Pint. Poplic. sea 

8 Tac. Ann. svi. 9. Ma. 7 Hor. Art. P. 471. Ter. And. i, 100. p. 120. 

crob. vii. 7. 8 rondendi. 12 ad quod per praeco- 16 Sr/i^naiai Ta/pai. 

3 Fulgent, de Prise. 9 Plin. x. 2. xvii. 51. nem homines evoca- 17 Liv.iii.43. Diii.liv.12. 
Serm, 7. Plin. vii. 15. Cic. Tusc. i. 45. Flac. bantur. 18 Sen. Tranq 1. Ov. 
s. 16. Juv. XV. 140. 38. Leg. ii. 17. 23. Sal. 13 Cic. Dom. 18. see p. T. i. 3. 22. Suet. Ner. 

4 tulguriti, Plin. ii. 55. Jug. U. Nep. Eum. 13. 147. 33. Prop, ii- 10. 25. 
Sen. Ira, iii. 23. Q. Liv. i. 20. Cjbs. B. G. 14 Tac. Ann. iii. 48. iv. A us. Par. x. 5. Gap to. 
Wat. ii. 21. vi. IV. 15. vi. 11. xiii. 2. Dio. lin. Anton. Phil. 13. 

2 M 2 



412 ROMAN ANTIQUITIES. 

The funeral of those who died in infancy, or under age, was 
called ACERBUM, or immaturum, or exsequi.e immaturs.^ But 
funus acerbum is applied by some only to infants, and immatu- 
rum to young- men. Such were buried sooner than grown 
persons, and with less pomp.^ 

When a public funeral was intended, the corpse was kept 
usually for seven or eight days, with a keeper set to watch it, 
and sometimes boys to drive away the flies. When the funeral 
Mas private, the body was not kept so long.^ 

On the day of the funeral, when the people were assembled, 
the dead body was carried out with the feet foremost,* on a 
couch covered with rich cloth, ^ with gold and purple, supported 
commonly on the shoulders of the nearest relations of the de- 
ceased, or of liis heirs, sometimes of his freedmen. Julius 
Ccesar Avas borne by the magistrates, Augustus by the senators,** 
and Germanicus by the ti'ibunes and centurions. So Drusus, 
his father, Avho died in Germany, by the tribunes and centu- 
rions, to the winter quarters, and then by the chief men in the 
different cities on the road to Korae. Paulus .^milius by the 
chief men of Macedonia who happened to be at Kome when he 
died.^ 

Poor citizens and slaves were carried to the funeral pile in a 
plain bier or coffin (sandapila, vilis arca, orciniana sponda),^ 
usually by four bearers, called vespillones, vel vcspce^ sandapi- 
LONEs, vel -arii, and in later writers lecticarii. 

The funeral couches (LECTic.ii, lecti, vel tori) of the rich seem 
also to have been borne by vespillones. Hence a couch carried 
by six was called hexaphorum, and by eight, octophorum, or 
Itctica octophorus ; as the ordinary couches or sedans used in 
the city, or on a journey, were carried by slaves, called lecti- 
carii.^" 

These couches were sometimes open, and sometimes covered. 

The general name of a bier was feretrum,^^ or capulus, vei 
-um : ^^ hence capularis, old, at death's door ; capuli decus. Some 
make feretrum to be the same with lectus ; others that on which 
the couch was supported.^^ 

Children who died before they were weaned, were carried to 
the pile by their mothers. ^^ 

All funerals used anciently to be solemnized in the night- 

1 Virg. ^n. vi. 429. xiv. 3. 8 Mart. ii. 81. viii. 75. \%. 3. 11. 

Juv. xi. 44. Sen. E[.. 4 pedibus efterebatur, 14. x. 5. 9. Hor. Sat. 11 Virg. ^n. vL 222. 

123. Tranq. An. i. 11. Plin. vii. 8. i. 8, 9. Juv. viii. 175. xi. 64. 149. Stat. Theb. 

2 Uic. Clu. 9. Tac. An. 5 strasula vestis. Luc. viii. 736. vi. 55. Ov, Met, xiv. 
xiii. 17. Suet. Ner.33, 6 Suet. 84. 101. Jul. 84. 9 quia vespertino tern- 747. 

funera pueiorum adt'd- Plin. vii. 4^1. Juv. x. pore mortuos eft'ere- 12 quod corpus capiat, 

ces et ctreos ducta, 259. Val. Max. vii. 1. bant, Fast. Suet. Doni. Serv. Virg. xu C4, 

Sen. Brev. vi. 20. Ep. Hor. Sat. ii. 5.80. Per. 17. Eutrop. vii. 34. Fest. 

122. iii. lOo, JMart. i. 31. 48. 13 Plaut. Mil. ii!. 1, 34. 

3 Serv. Virg. v. 64. vi. 7 Tac. Ann. iii. 2. Dio. 10 Cic. Ver. v. 11. Fam, As. v. 2. 42. Varr. L. 
218. xi. 30. Xiphilin. Iv. 2. Suet. Claud. 1. iv. 12. Phil. 41. Nep. L. iv. 35. 

Ixxiv. 4. Cic. Clu. 9. Val. Max. ii. 10. 3. Att- 22. Gell. x. 3. 14 .Stat. Sylv. v. 5. Ij, 
Suet. Oth. Tac. Ann. Plut. Vit. Mart. ii. 81. vi. 67. 10. Ov. Her. xv. 115. 



FUKERALS. 413 

time with torches, that they might not fall in the way of magis- 
trates and priests, who were supposed to be violated by seeing 
1 corpse, so that they could not perform sacred rites, till they 
were purified by an expiatory sacrifice. Thus, to diminish the 
expense of funerals, it was ordained by Demetrius Phalereus 
at Athens, according to an ancient law, which seems to have 
fallen into desuetude. Hence funus, a funeral, from funes 
accensi,^ or funalia, funales cerei, cerecB faces, vel candelcB^ 
torches, candles, or tapers, originally made of small ropes or 
cords {funes, vel funiculi), covered with wax or tallow {sevum 
vel sebum)? 

But in after ages, public funerals ^ were celebrated in the 
day-time, at an early hour in the forenoon, as it is thought from 
Plutarch, in Syll. fin. with torches also.* Private or ordinary 
funerals ^ were always at night.^ 

As torches were used both at funerals and marriages, hence 
inter utramque facem, for inter nuptius et funus, et face pro tha- 
lami, fax mihi mortis adest, and instead of the nuptial, I am 
threatened with the funeral torch.^ 

The order of the funeral procession was regulated, and every 
one's place assigned him, by a person called designator, an 
undertaker or master of ceremonies,*^ attended by lictors, 
dressed in black.^ 

First went musicians of various kinds : pipers (tibigines, vel 
siTiciNEs), trumpeters, and cornetters,^" then mourning women 
(pr^fig-e),^^ hired to lament, and to sing the funeral song 
(n.enia vel LEssus), or the praises of the deceased, to the sound 
of the flute. Boys and girls Avere sometimes employed for this 
last purpose. As these praises were often unmerited and 
frivolous, hence nugcB is put for n.eni.e, and lexidia, res inanes et 
frivolcB, for voces prcEficarum}- 

The flutes and trumpets used on this occasion were larger 
and longer than ordinary, of a grave dismal sound. By the 
law of the Twelve Tables, the number of players on the flute at 
a funeral was restricted to ten.^'^ 

Next came players and buffoons (ludii vel histriones et scurrce), 
who danced and sung.^* One of them, called archimimus, sup- 
ported the character ^^ of the deceased, imitating his words and 
actions while alive. These players sometimes introduced apt 
sayings from dramatic wTiters.^^ 

1 Serv. Virg. xi. 143. 4 Serv. Virg. ^n. vi. Gv. F. vi. 660.Gel.xx. Gel. xviii. 7. 

Djn. Ter. And. i. 1. 224. Tac. Ann. iii. 4. 2. Pers. iii. 103. Serv. 13 Gv. Am. ii. 6. 6. F. 

81. Cic. liegR. ii. 2b. 5 tacita. Virg. xi. 192. vi. 664. Stat. TJieb. v. 

Demosth. adv. Macar- 6 Fest. in Vespillones. 11 quae dabant caeteris l-'O. Cic. Legg. ii. 24. 

latum, p. C66. Isid. xi. 7 Ov. Ep. xxi, 172. modum plangendi. 14 Diony. vii. 72. Suet. 

2- XX.. 10. Prop, iv 12 46. 12 Fesfus. Lucil. 22. Tib. 57. 

2 Serv". ib. .■En. i. 727. 8 dorainus fiineris. Hor. Art. 431. Plaut. 15 pprsonara agebat. 
Val. Max. iii. 6. 4. 9 Hor. Ep. i. 7. 6. Cic. True. ii. 6. 14. i v. 2 IS. 16 Suet. Vesp. 19. Cres. 
Var Vit. Pop. R. Alt. iv. 2. Legg. ii.24. Asin. iv. 63. Cic. Leg. 81. 

e funera indictiva. 10 Hgr. .>5at. i. 6. 43. ii. 3*. Qi in. viii. •-'. 

2 M ii 



414 ROMAN ANTIQUITIHS. 

Then followed the freedmen of the deceased, with a cap on 
their head.^ Some masters at their death freed all their slaves, 
from the vanity of having their funeral procession attended by a 
numerous train of freedmen.^ 

Before the corpse, were carried the images of the deceased 
and of his ancestors, on long poles or frames, in the same form 
and garb as when alive ; ^ but not of such as had been con- 
demned for any heinous crime, whose images were broken. 
The triumviri ordained, that the image of Caesar, after his 
deification, should not be carried before the funeral of any of 
his relations. Sometimes there were a great many different 
couches carried before the corpse, on which, it is supposed, the 
images were placed* After the funeral, these images were 
again set up in the hall, where they were kept.^ 

If the deceased had distinguished himself in war, the crowns 
and rewards which he had received for his valour Avere dis- 
played, together with the spoils and standards he had taken 
from the enemy. At the funerals of renowned commanders 
were carried images or representations of the countries they 
had subdued, and the cities they had taken.^ At the funeral of 
bylla, above 2000 crowns are said to have been carried, Avhich 
had been sent him by different cities on account of his victory. 
The lictors attended with their fasces inverted. Sometimes also 
the officers and troops, with their spears pointing to the ground, 
or laid aside.^ 

Behind the corpse walked the friends of the deceased in 
mourning;^ his sons Avith their heads veiled, and his daughters 
with their heads bare, and their hair dishevelled, contrary to 
the ordinary custom of both, the magistrates Avithout their 
badges, and the nobility Avithout their ornaments.^ 

The nearest relations sometimes tore their garments, and 
covered their hair Avith dust, or pulled it out. The women in 
particular, who attended the funeral, beat their breasts, tore their 
cheeks, &c.^" although this was forbidden by the Twelve Tables.*^ 

At the funeral of an illustrious citizen, the corpse was carried 
through the forum ; Avhere the procession stopped, and a funeral 
oration (laudatio) Avas delivered in praise of the deceased from 
the rostra, by his son, or by some near relation or friend ; 
sometimes by a magistrate, according to the appointment of the 
senate.^- 

1 pileati, Cod. de Lat. 76. xvi. 11. Juv. viii. xi. 92. Luc. viii. 735. 11 mulieres genas ni; 
Liibert Liv. xxxviii. 18, Serv. Virg. v. 4. 8 atra vel lugubn ves- radunto, Cic. Legg. ii. 
55. Diony. viii, vi. 86S.875. Dio. xivii. te ; atrati vel puUati. 2-1. Hin. xxxvi. 11. i.e. 

2 Diony. iv. 21. 19. 9 Plut. Q. Rom. 11. Tac. unguibus ne scinduuto, 

3 Cic. Brut. 34. Mil. 5 see p. 25. Ann. iii. 4. Fast. 

xiii. 32. Hor. Ep. viii. 6 Virg. JEn xi. 78. in Virg. iEn. iv. 673. 13 Poiyb. vi. Si. Quinc. 

11. Val. Max. viii. 15. Tac. Ann. i. 8. Dio. xii. 609. Catul. lxii.2'21. iii. 7. vel 9. Cic. Or. ii. 

1. Plin. XXXV. 2. Sil. x. Ivi. 34. Ixxiv. 4. Cic. Tusc. iii. 26. Ter. 81. Suet. Ctps. 64. Til>. 

56t). Polyb. vi. 51, .52. 7 App. B. C. i. 417. And. i. 1- 90. Suet. vi. Aiu;. 101. Ner. 9. 

4 I'uc. Ann. ii. 32. iii. Tac, Ann. iii. 2. Virg. Cks. 84. libul. i, 1 68. Plin. Ef. ii. 1. 



FUNERALS. 415 

This custom is said to have been first introduced by Poplicola, 
in honour of his colleague Brutus. It is first mentioned by 
Livy, ii. 47; next, ib. 61. It was an incentive to glory and 
virtue, but hurtful to the authenticity of historical records.^ 

The honour of a funeral oration was decreed by the senate 
also to women, for their readiness in resigning their golden 
ornaments to make up the sum agreed to be paid to the Gauls, 
as a ransom for leaving the city; or, according to Plutarch, to 
make the golden cup which was sent to Delphi, as a present to 
Apollo, in consequence of the vow of Camillus, after the taking 
of Veji.^ 

But Cicero says, that Popilia was the first to whom this 
honour was paid, by her son Catulus, several ages after ; and, 
according to Plutarch, Caesar introduced the custom of praising 
young matrons, upon the death of his wife Cornelia. But after 
that, both young and old, married and unmarried, were honoured 
with funeral orations.^ 

While the funeral oration was delivering, the corpse was 
placed before the rostra. The corpse of CaBsar was placed in 
a gilt pavilion, like a small temple,* with the robe in which he 
had been slain suspended on a pole or trophy, and his image 
exposed on a movable machine, \vith the marks of all the 
wounds he had received, for the body itself was not seen ; ^ but 
Dio says the contrary, xliv. 4. 

Under Augustus, it became customary to deliver more than 
one funeral oration in praise of the same person, and in dif- 
ferent places.^ 

From the forum, the corpse was carried to the place of 
burning or burial, which the law of the Twelve Tables ordered 
to be without the city, hominem mortuum in urbe ne sepelito, 
NEVE URITO, according to the custom of other nations : the Jews, 
the Athenians, and others.^ 

The ancients are said to have buried their dead at their ow n 
houses ; whence, according to some, the origin of idolatry, and 
the worship of household gods, the fear of hobgoblins, or 
spectres in the dark (larvae vel lemures), &c.^ Souls separated 
from the body were called lemures vet manes ; if beneficent, 
LARES ; if hurtful, larv.e vel manle.^ Augustus, in his speech to 
his soldiers before the battle of Actium, says that the Egyptians 
embalmed their dead bodies to establish an opinion of their 
immortality. Several of these still exist, called mummies, from 
mum, the Egyptian name of wax. The manner of embalming 
is described by Herodotus^ ii. 86. The Persians also anointed 

Strab. X. 

8 Serv. Virg;. ^n. v. 
61.vi. 152. Isid. xiv. 11. 

9 oyaeot »oi <covot iJa,^-.- 

vss, A pill, de Deo So 
cratis. 



1 Plut. in Popl. Diony. 


Jul. 6. Cal. 10. 


Tac. 


6 Dio. 


lv.2. 


V. 17. ix. 54. Llv. viii. 


Ann. V. 1. xvi. 6. 


Dio. 


7 Cic. 


Leg. ii. 23. Fam. 


40. Cic. Brut. 17. 


xxxix. 64. 59. 




iv. U 


1. Flac. 31. Tusc. 


2 Liv. V. 50. Plut. in 


4 aurata aedcs. 




V. 23. 


Matth.xxvii.53. 


(;ammo. 


5 Supt. CsES. 84. 


A pp. 


John, 


xix. 20. 41. Liv. 


3 Gic. Or. ii. U. Suet. 


B. C. ii. p. 521. 




xxxi. 


24. Plut. Arato. 



416 ROMAN ANTIQUITIES. 

the bodies of their dead with wax, to make them keep as long- 
as possible.' 

The Romans prohibited burning or burying- in the city, 
both from a sacred and civil consideration ; that the priests 
might not be contaminated by seeing- or touching- a dead body, 
and that houses might not be endangered by the frequency of 
funeral fire?;, or the air infected by the stench."^ 

The flaraen of Jupiter Avas not allowed to touch a dead 
body, nor to go where there was a grave, so the high priest 
among- the Jews ;"^ and if the pontifex maximus had to deliver a 
funeral oration, a veil was laid over the corpse, to keep it from 
his sight.* 

The places for burial were either private or public ; the 
private in fields or gardens, usually near the highway, to be 
conspicuous, and to remind those who passed of mortality.^ 
Hence the frequent inscriptions, siste viator, aspice viator, 
&c. on the via Appia, Aurelia, Flaminia, Tiburtina, &c.^ The 
public places of burial for great men were commonly in the 
CABiPus martius, or campus esquilinus, granted by a decree of 
the senate^ for poor people without the Jisquiline gate, in places 
called puTicuL-E, vel -i.^ 

As the vast number of bones deposited in that common 
burying-ground rendered the places adjoining- unhealthy, 
Augustus, with the consent of the senate and people, gave part 
of it to his favourite Mascenas, who built there a magnificent 
liouse,^ called turris m.icenatiana, with extensive gardens, 
whence it became one of the most healthy situations in liome.'" 

There was in the corner of the burying-gTound a stone 
pillai', cippus. on which was marked its extent towards the 
road,'^ and backwards to the fields ;^^ also who Avei-eto be buried 
in it. 

If a burying-ground was intended for a person and his 
heirs, it was called sepulchrum, vel monumentum h.ereditarium, 
which was marked in letters, thus, h. m. h. s. i. e. hog monumen- 
tum h.osredes sequitur; or gentile and gentilitium, patrium, 
AviTUM.'*^ If only for himself and family, familiare.^* Freed- 
men were sometimes comprehended, and relations, when unde- 
serving, excluded.'^ 

The right of burying ^^ was sometimes purchased by those who 
had no burying-ground of their own. 

1 Dio. L24. Cic. Tusc. Mart. i. 89. llo. 117. ra mittebantur,— be- 10 Suet. Ner. 31. 38. 
1.45. VI. 28. X. 43. x.i. 14. cause their bodies were Au?. 72. Tib. 15. 

2 (}ic. Leg. ii. 22. Serv. Prop. iii. 16. 30. Nep. thrown into pits, Var. 11 in fronte. 

Virg. vi. 150. Is d. xiv. Atl. ult. Plin. Ep. vii. L. L. iv. 5. Best. Hor. 12 in agro vel-um,Hor. 

11. 2D. Sat. i. 8. 8. ibid. 

3 Gell.x.lS. Lev ixi.ll. 7 Cic. Phil ix. 7. Strab. 9 molem propinquam 13 Suet. Ner. 50. Virg, 

4 Sen. Cons. Marc, 15. v. Suet. Caes. 81. Clan. nubibus arduis,— a to- .^n. x. 557. Ov. Trist. 
Dio. liv. 28. 35. 1. Virs. ^D. vi. 873. wering mansion reach- iv. 3. 45. Met. xiii. 524. 

5 t'ar. L. L. V. 6, Dio. 39. 64. 48. bJ. ing almost tj the 1 4 L. 5. D. de religiog. 

6 Liv. vi. 36. SiieLdl. Pint. Lucul. fin. clouds, Hor.Od. iii. 29. I.") Suet. Aug. 102. 
Oaib. 20, Jtiv. 1. ult. 8 ijuod ill puteos corpo- 10. 10 jus inferemli. 



FUNERALS. 



417 



The Vestal virgins were buried in the city {quia legihvs non 
tenebantur), and some illustrious men, as Poplicola, Tubertus, 
and Fabricius (virtutis causa, legihus soluti) ; which right their 
posterity retained,^ but did not use. To show, however, thai 
they possessed it, when any of them died, they brought the 
dead body, Avhen about to be burnt, into the forum, and setting 
down the couch, put a burning torch under it, which they im- 
mediately removed, and carried the corpse to another place. 
The right of making a sepulchre for himself within the pomosrium 
Avas decreed to Julius Caesar as a singular privilege.^ 

When a person was burnt and buried in the same place, it 
was called bustum ; whence this word is often put for a tomb."^ 
A place where one was only burnt, ustrina, vel -um.^ 

The funei'al pile (R0Gus,vel pyra,) was built in the form of an 
altar, with four equal sides, hence called ara sepulchri, funeris 
ara,^ of wood which might easily catch fire, as fir, pine, cleft 
oak, &C.'' unpolished, according to the law of the Twelve Tables, 
ROGUM AsciA NE POLITO, but not always so, also stuffed with paper 
and pitch,^ made higher or lower according to the rank of the 
deceased, hence rogus plebeius,^ with cypress trees set around 
to prevent the noisome smell, at the distance of sixty feet from 
any house.^ 

The basilica Porcia and senate-house adjoining, contiguous to 
the forum, were burnt by the flames of the funeral pile of 
Clodius.^" 

On the funeral pile was placed the corpse Avith the couch. 
The eyes of the deceased were opened,^^ to which Virgil is 
thought to allude, ^.n. iv. 224. 

The near relations kissed the body \d\h tears,^- and then set 
fire to the pile with a lighted torch, turning away their face,^^ to 
show that they did it with reluctance. They prayed for a wind 
to assist the flames, as the Greeks did, and when that happened, 
it was thought fortunate." 

They threw into the fire various perfumes,^^ incense, myrrh, 
cassia, &c. which Cicero calls sumptuosa respersio ; forbidden 
by the Twelve Tables ; ^^ also cups of oils and dishes,^' with titles 
marking what they contained ; likewise the clothes and orna- 
ments, not only of the deceased,^^ but their own ; every thing in 
short that was supposed to be agreeable to the deceased Avhile 
alive. All these were called munera, vel dona.^^ 

1 Serv. Viig. -lin. ix. Ibm, 102. xl. 42. sii. 18. s. 41. Juv. iv. 
Cic. Lege. ii. Zi- 6 Virs. ^En. \v. 504. vi. 11 Tibul. i. 1. 61. Plin. 109. Stat. Sylv. v. 1. 

2 Plut. Poplic. Qusest. 180. StaU Theb. vi. 54. ii. 37. 208. Mart, x. 26, 
Rom. 78. Dio. xliv. 7. 7 Cic. Leg. ii. 24. Plin. 12 Prnp.ii.l3,29.Tibul. 17 dapes v. fercula. 

3 Tv^poi, Cic. Tusc. V. xxxr. 7. Mart. viii. 44. i. 1. 62. 18 Virg, Mn. vi, 221. 
35, Att. vii. 9, Pis. 4, 14,x. 97. 13 aversi. 223. Stat, Theb. vi, 
7. Leg. ii. 26. 8 Luc.viii.743.Virg.iv. 14 Virg. .^In. vi. ^3, 126. Luc. ix. 1T5. 

4 Festus. 504.xi,215,Ov.IbiD,152. Prop. iv. 7. 31, Homer 19 Tac. Ann. iii. 3. 2. 

5 Herodian, iv.a.Virg. 9 Cic. Leg. ii. 24. Serv. U.xxiii. 193. Plut. Syl. Suet, Jul. S4. Dnnat. 
vi. 177. Sil. XV 388. loc. Sil. x. 535, 15 odores. Virg, ^n. vi. 217, 
Ov. Trjst, iii. 13. 21. 10 Asc. Cic. Mil. Dio. 16 Leeg. ii. 24. Plin. Gas. B. G, vi. 17, 



418 ROiMAN ANTIQUITIES. 

If the deceased bad been a soldier, they threw on the pile his 
arms, rewards, and spoils; and if a general, the soldiers some- 
times threw in their own arms.^ 

At the funeral of an illustrious commander or emperor, tlie 
soldiers made a circuit^ three times round the pile, from right 
to left,^ with their ensigns inverted, and striking their weapons 
on one another to the sound of the trumpet,"* all present accom- 
panying them, as at the funeral of Sylla, and of Augustus, which 
custom seems to have been borrowed from the Greeks ; used 
also by the Carthaginians; sometimes performed annually at 
the tomb.^ 

As the manes Avere supposed to be delighted with blood ,'' vari- 
ous animals especially such as the deceased had been fond of, 
were slaughtered at the pile, and thrown into it ; in ancient 
times, also, men, captives or slaves,^ to which Cicero alludes, 
Flacc. 38. Afterwards, instead of them, gladiators, called 
BusTUARii, were made to fight ; so among the Gauls, slaves and 
<;lients were burned on the piles of their masters ; ^ among the 
Indians and Thracians, wives on the piles of their husbands. 
As one man had several wives, there was sometimes a contest 
among them about the preference, which they determined by 
lot.^ Thus also among the Romans, friends testified their afi'ec- 
tion ; as Plotinus to his patron, Plautius to his wife Orestilla, 
soldiers to Otho, Mnester, a freedman, to Agrippina,^" &c. 

Instances are recorded of persons, who came to life again on 
the funeral pile, after it was set on fire ; so that they could not 
be preserved ; and of others, who, having revived before the 
pile was kindled, returned home on their ieet.^^ 

The Jews, although they interred their dead,^^ filled the couch 
on which the corpse was laid with sweet odours, and divers 
kinds of spices, and burned them.^^ 

When the pile was burned down, the fire was extinguished, 
and the embers soaked with wine,^* the bones were gathered ^^ 
by the nearest relations, with loose robes, and sometimes bare- 
footed. ^^ 

We read also of the nearest female relations gathering the 
bones in their bosom, who were called funer/E, vel -ece}'' 

The ashes and bones of the deceased are thought to have 
been distinguished by their particular position. Some suppose 

1 Virg.^n. xi, 192.Sil. Claud. 1. Sit. Orb. ii. 2. Prop. maimer of the Egyp- 
X. 5(j2. Suet. Jul. 84. 6 Tertul. de Spfict. iii. 7. /Lilian. 7. 18. tians, than to burn 
Luc. viii. 735. 7 Plin. viii. 40. s. 61. Serv. ^n. v. 95. them, Tac. Uist. v, 5, 

2 decurrebant, Virg. Ep. iv. 2. Virg. x. 518. 10 Piin. vii. 36. Val. 13 2 Chroii. xvi. 14. 
^n. xi. 188. Tac. An. xi. 8a. ^n. xi. 197. Max. iv. 6. 3. Tac. Jerem. xxxiv, 5. 

ii. 7. Homer 11, xviii. 166. Hist. ii. 49. An. xiv.9. 14 Virg. Aln. vi. 226. 

3 orbe sinictro. xxi. 27. 11 Plin. vii. 52. s. 53. 15 ossa iegebantur. 

4 Stat. Theb. vi. 213. 8 Serv. xEn. x. 519, xxvi. 3. s. 8- 16 Tibul. iii. 2. 9. Suet. 
Val, Flac. iii. 3+6. Hor. tiat. ii. 3.65,Ca3s. 12 condere, quam ere- \ug. 101, 

5 App. B. C 1. Dio. Ivi. B. G. vi. 17. Klor. iii, mare, e more. *;gyptio, 17 Tibul, i. 3. .•>. Sen. 
42. Homer II. xxiii. 13. 20. — ihey choose rather to Helv. U. Luc. ix. 60. 
Liv. XXV. 17. Suet. 9 Cic. Tusc.v. 27, Mel. inter them after the Serv.Virg.iEn,ix.4fi(i, 



FUNERALS. 419 

the body to have been wrapt in a species of incombustible cloth, 
made of what the Greeks called asbestos} But Pliny restricts 
this to the kings of India, where only it was then knoAvn. 

The bones and ashes, besprinkled Avith the richest perfumes, 
were put into a vessel called urna, an urn ; feralis urna, made 
of earth, brass, marble, silver, or gold, according to the wealth 
or rank of every one.^ Sometimes also a small glass vial full 
of tears, called by the moderns a lachrymatory , was put in 
the urn. 

The urn was solemnly deposited (componebatur) in the 
sepulchre (sepulghrum, tumulus, monumentum, sedes vel domixs, 
coNDiTORiuM, V. -tivum, CINERARIUM, &c.) Hcuce componere, to 
bury, to shut up, to end ; ^ composito die, i. e. finito. 

When the body was not burned it was put into a coffin (area 
vel loculus), wuth all its ornaments, usually made of stone, as 
that of Numa, and of Hannibal,* sometimes of Assian stone, from 
Assos, or -us, a town in Troas or Mysia, which consumed the 
body in forty days, except the teeth, hence called sarcophagus,' 
which word is put for any coffin or tomb.'' 

The coffin was laid in the tomb on its back; in what direction 
among the Romans is uncertain ; but among the Athenians, 
looking to the west.^ 

Those who died in prison were thrown out naked on the 
street.^ 

When the remains of the deceased were laid in the tomb, 
those present were three times sprinkled by a priest Avith pure 
water,'' from a branch of olive or laurel,^" to purify them, then 
they were dismissed by the prj^fica, or some other person, 
pronouncing the solemn word ilicet, i. e. ire licet, you may- 
depart. At their departure, they asked to take a last farewell, 
by repeating several times vale, or salve csternum, farewell for 
ever, adding, nos te ordixe, quo natura permiserit, cuncti 
sequemur, Ave shall all follow thee, in whatever order nature 
may permit,^^ which were called verba novissima ; also to wish 
that the earth might lie light on the person buried, Avhich is 
found marked on several ancient monuments in these letters, 
s. T. T. L. SIT TiBi TERRA LEVIS, ^- and the gravc-stone,^'^ that his 
bones might rest quietly, or lie softly ;^* placide quiescas, may- 
est thou rest in peace. Hence compo'situs and positus, buried 
So placida compostus pace quiescity he, settled, now enjoys ? 

1 asbestinum, sc. li- Tac. Hist. i. 47. Virs. 6 Jiir. x. 172. 11 Serv. Vir?. JEn. \\. 

num, Plin. xix. 1. s. 4, .*:n.i. 378. PUn. Ep. ii. 7 ^.ian. v. vii. Plut. 640. iii. 68 xi. 97. 

8 Gic. Tusc. i. 15. Ov. 17. Solon. 12 Jnv. vii. 207- Mart. i. 

Am. iii. 9. 39. Tac. An. i Plln. vii. 2. xiii. 13. 8 Liv. xxxvii. 59. 89. v. 35. ix. 30. 

jii. 1. Prop. ii. 13. 32. Val. Max.L 1. 12. Aur. 9 aqua pura, vel lustra- 13 cipnus, Pers. i. 37. 

VJrg.iEn. vi. 228. Eu- Viot iii. 42. Us. 14 mollitercubarnnl,Ov. 

trop. viii. 5. 5 from (ropf, flesh; and 10 aspergilluin. Serv. Am. i. 8. lOS. Ep. vii. 

S Prop. ii. 24. 35. Ov. (payeir, to eat, to con- AJ'irg. JEn. vi. 239. 162. Trist iii. 3. 75. 

Fast. r. 426. Met. iv. same, Plin. ii. 98. Festus in laurus, Juv. A'irg. EcU x. 33. 

157. Hor. Sat. i. 9, 28. xxxvu 17. ii. 3^8. 



•i^o 



ROMAN ANTIQUITIES. 



peaceful calm, is said of Antenor, wliile yet alive. We fuul 
ill Ovid the contrary of this wish, solUciti jaceant, tcrraque 
premantur iniqua, may they be disquieted in their graves, and 
may the earth press heavily on them, as if the dead felt these 
things. Sometimes the bones were not deposited in the earth 
till three days after the body was burned.^ 

The friends, when they returned home, as a further purifica- 
tion, after being sprinkled with water, stepped over a tiie,'^ 
which was called suffitio. The house itself also was purified, 
and swept with a certain kind of broom or besom, which 
purg-ation was called exverr.«, v. everrcs ; and he who performed 

it, EVERRIATOR.'^ 

There were certain ceremonies for the purification of tlie 
family, called feri.e denicales ; ^ when they buried a thumb, or 
some part cut off from the body before it was burned, or a bone 
brought home from the funeral pile, on which occasion a soldier 
mi^ht be absent from duty.*^ 

A place was held religious where a dead body, or any part of 
it, was buried, but not where it was burned.^ 

For nine days after the funeral, while the family was in 
mourning, and employed about certain solemnities at the tomb, 
it was unlawful to summon the heir, or any near relation of the 
deceased, to a court of justice, or in any otiier manner to molest 
them. On the ninth day a sacrifice was performed, called 
novendiale, with which these solemnities were concluded.^ 



The annexed engraving (plate 
5), exhibits the inside and out- 
side of the common burial place 
of a family, Litely excavated 
at I'ompeii, and may be supposed 
a fair representation of sucli 
buildings throughout the Roman 
empire. It consists of a square 
building, cont:iiiiing a small 
chamber, by the side of which is 
a door giving admission to a 
small court surrounded by a high 
wail. The entrance to the cham- 
ber is at the back. From the 
level of the outer wall there rise 
two steps, supporting a marble 
cippus richly ornamented. Its 
front is occupied by a bas-relief 
and inscription, of which we an- 
nex a copy : — 

NAEVOLHIA • 1 • LIB.TVCHE • 

SIDI ■ ET 
C • MVNATIO • K.WSTO • AVG • 

ET • PAGA.VO 
CVI" DF.CVRIONiiS-CONSEM.SV 

• POPVH 



BISF.LMVM • OB • MERITA • 
EIVS • DRCBKVEUVNT 

HOC • MONIMENTVM 'NAEVO- 
LEIATVCHE LIBKRTIS'SVIS 

I^IBERTABVSQ- ET • C MVNATI 
• FAVSTl • VIVA • fEClT 

The latter is to the following 
purport: — "Nievoleia Tyche, 
ireedwoman of Julia Tyche, to 
herself and to Caius Munatius 
Faustus, Augustal, and chief 
magistrate of the suburb, to 
whom the Decurions, with the 
consent of the people, have 
granted the bisellium for his 
merits. Naevoleia Tyche erect- 
ed this monument in her lifetime 
for her freedmen and women, and 
tior those of C. Munatius Faus- 
tus."' On one of the sides is a 
curious bas-relief, which pre- 
sents us with a view of a strange- 
ly constructed vessel. Two 
explanations of this sculpture 
aje given, — one liteial, that it is 
merely indicative of the profes- 
sion of .Munatius ; the other al- 
legoric.il, that it symbolises the 



arrival of the t(iSsod ship of life 
in a quiet haven. 

A sort of solid bench for the 
reception of urns runs round the 
funeral chamber, and several 
niches for the same purpose are 
holloived in the wall, called co- 
lumbaria, from their resemblance 
to the holes of a pigeon house. 
Some lamps were found here, 
and many urns, three ot glass, 
the rest of common earth. The 
glass urns were of large size, 
one of them fifteen inches in 
height by ten in diameter, and 
were protected from injury by 
leaden cases. They contained, 
when found, burnt bunes, and a 
liquid which has been analyzed, 
and found to consist of mingled 
water, wine, and oil. In two of 
the urns it was of a reddish tint, 
in the other yellow, oily and 
transparent. There can be no 
doubt but that we have here the 
libations which were poured as a 
last tribute of friendship u-.'on 
the ashes of the tenants of the 
tomb. 



J Tac. Agric. 46. Ov. 

Kast.v. 426.488. Am. 

ii. 16. 15. Virg. iEn. i. 

S>9. xi 210. 
\t ii^aeiu supergredie- 



bantur. Fest. 6 Cic. ib. 24. Ouinct. 

3 scopae, -arum. vlii. 5.21. Sen. Ben v. 

4 Fest. 24. Gel. xv. xvi. 4. 

5 a nece appellata;, 7 Cic. ib. 

Cic. Le-. ii. 2i.Fcst. S Novell. 115. Porphy- 



rin ad Hor. Epod. i 
xvii. 48. Douit. 'Jer. 
I'liorni. 



FUNERALS. 421 

Oblations or sacrifices to the dead (inferi^, vel parentalia) 
Avere afterwards made at various times, both occasionally and at 
stated periods, consisting- of liquors, victims, and garlands,^ 

called FERALIA MUNERA J thuS, ALICUI INFERIAS FERRE vel MITTERE, 

et PARENTARE, to pci'form these oblations ; parentare regi san- 
guine conjuratorum, to appease, to revenge the death of the 
king-, by the blood of the conspirators;^ Saguntinorum manibus 
vastatione Itali(B, &c. parentatum est, an atonement was made 
to the ghosts of the Saguntines with the devastation of Italy, &c. ; 

so also LITARE.^ 

The sepulchre was then bespread with flowers, and covered 
with crowns and fillets. Before it, there was a little altar, on 
which libations were made, and incense burned. A keeper was 
appointed to watch the tomb, which was frequently illuminated 
with lamps.* 

A kind of perpetual lamps are said, by several authoi's, to 
have been found in ancient tombs still burning, which, however, 
went out on the admission of air. But this, by othei's, is 
reckoned a fiction.^ 

A feast was generally added, called silicernium,^ both for the 
dead and the living. Certain things were laid on the tomb, 
commonly beans, lettuces, bread, and eggs, or the like, which it 
was supposed the ghosts would come and eat : hence C(kna 
FERALis.'' What remained was burned ; for it was thought mean 
to take away any thing thus consecrated, or Avhat was thrown 
into the funeral pile. Hence rapere de rogo coenam, e Jlamma 
cibum peter e, to snatch food from a funeral pile, i. e. to be capa- 
ble of any thing sordid or mean. Bustirapus is applied as a 
name of contempt to a sordid person, and silicernium to an old 
man.^ 

After the funeral of great men, there was not only a feast for 
the friends of the deceased, but also a distribution of raw meat 
among the people, called visceratio,^ with shows of gladiators 
and games, which sometimes continued for several days. Some- 
times games were celebrated also on the anniversary of the 
funeral. Faustus, the son of Sylla, exhibited a show of gladia- 
tors in honour of his father, several years after his death, and 
gave a feast to the people, according to his father's testa- 
ment.^° 

The time of mourning for departed friends was appointed l.y 

1 Virg. ^n. iii. 66. v, parentibus justa fa- 4. 44. 7 Plin. xviii. 12. s. 'iW. 
77. 94. ix.. 215. X. 519. cere, — parentare pio- 5 Kippiiigi Anliq. iv. 6. Juv. v. 85. 

Tac Hist. ii. 95. Suet. perly signifies to per- 14. 8 Catul. 57. 3. Tibiil. i. 

CaL 3. 15. Claud. 11. torm the funeral rites of 6 coena funebris, quasi 5 53. Xer. Eun iii. a 

Ner. 11. parents, Ov. Am. i. 13. in silice posita, Serv. 38. Plant. Pseud, i. 3. 

2 Liv. xxiv. 21. Caes. 4. Virg. .•En. v. 9:i. vel Vi'. 

B.Q.vii. 17. Cic. Leg. 4 Suet.Ner.57. Aug. 99. quod silentes, sc. urn. 9 Liv. viii. 22. see p, 

ii. 21. Phil. i. 6. Flac. Tac. Hist. ii. 55. Cic. brae, earn cernebant, 262. 

38. Ov. 'Prist, iii. 3.81. Flac. 38. Virg. Ji^n. vel parentantes, qui 10 Liv. xxxvi. 46. Virg. 

3 Flor. ii. 5, 6. iii. 18. iii. 63. 302. vi. 683. non degustabant, Don Mn. v. 46. &c. Cie. 
parentare proprie est Prop. iiL 10. 21. D. -xl. Ter. Adelph. iv. 2. IS. Sjl. 19. Dio. xxxvi, 51. 

2n 



422 ROMAN ANTIQUITIKS. 

Numa,^ as well as funeral rites,^ and offerings to appease tlie 
manes.^ There was no limited time for men to mourn, because 
none was thought honourable, as among the Germans. It usually 
did not exceed a few days.^ Women mourned for a husband or 
parent ten months, or a year, according to the computation of 
floraulus,^ but not longer.'* 

In a public mourning for any signal calamity, the death of a 
prince or the like, there was a total cessation from business 
(justitium), either spontaneously or by public appointment, 
when the courts of justice did not sit, the shops were shut, &<'-.' 
In excessive grief the temples of the gods were struck with 
stones,^ and their altars overturned.'-^ 

Both public and private mourning was laid aside on account 
of the public games ; lor certain sacred rites, as those of Ceres, 
&c., and for several other causes enumerated by Festus, in voce 
MiNuiTUR. After the battle of Cannag, by a decree of the senate, 
the mourning of the matrons was limited to thirty days. Im- 
moderate grief was supposed to be offensive to the manes.^" 

The Romans in mourning kept themselves at home, avoiding 
every entertainment and amusement,^^ neither cutting their hair 
nor beard,^^ dressed in black,^^ which custom is supposed to have 
been borrowed from the Egyptians, sometimes in skins :^* laying 
aside every kind of ornament, not even lighting a fire, whicli 
was esteemed an ornament to the house. Hence focus perennis, 
i. e. sine luctu ; pervigiL^"^ 

The women laid aside their gold and purple. Under the 
republic they dressed in black like the men; but under the 
emperors, >vhen party-coloured clothes came in fashion, they 
wore white in mourning. ^'^ 

In a public mourning-, the senators laid aside their latits 
clavus and rings ; the magistrates the badges of their office ; '^ 
and the consuls did not sit on their usual seats in the senate, 
which were elevated above the rest, but on a common bench.^' 
Dio says, that the senators in great mourning appeared in the 
dress of the equites.'^'^ 

The Romans commonly built tombs ~'^ for themselves during 
their lifetime ; ^^ thus the mausoleum ^^ of Augustus in the Campus 
Martius, between the via Flaminia and the bank of the Tiber, 
with woods and walks around. Hence these words frequently 

1 Piut. Num. 8 lapidata, i. e. iapidi- Decl. iv. 1. Suet. Gal. Heaut. ii. 3. 45. Plut. 

2 justa funebria. bus impetita, 2i. 43. Probl. 27. HeroJiaii. 

3 inferte ad plucandos 9 Suet. Cal. 5. Sen. 12 see p. 368. iv. 2. 6. 

manes, Liv. i 20. A^it. Beat. 36. Airian. 13 lu^ubria sumebant, 17 Liv. ix. 7. Cic. post 

4Sen. Ep.63. Tac.Mor. Epictet. ii. '22. Juv. x. 245. Red. Sen. 5. Tac. An. 

Ger. 27. Dio. Ivi. 43. lU Tac. An. iii. 6. Suet. 14 Fest. in pellis. Serv. iii. 4. Luc. ii. 18. 

5 see p. 265. Cal. 6. Liv. ■x.f.u. 56. Virg. /En. xi. 18 sede vulg;u-i, Tac. 

6 Sen. ib. Cons. Helv. Val. Max. i. 1. 15. StaU 15 Liv. ix. 7. Suet. Aug. Ann. iv. 8.Dio. lvi.31. 
16. Ov. Fast. iii. 134. Sylv. v. 1. 179. Tibul. 101. Schol. Juv. iii. 19x1.46. 

7 Tac. An. ii. 82. iii. 3, i. 1. 67. 214. Apul. Met. ii. 20 sepulchra v. condito- 
4, iv.8. Suet. Cal. 24. 11 Tac. Ann. iii. 3. iv. Homer II. 13. Mart. x. ria. 

Liv. ix. 7. Luc. ii. 17. 8. Plin. Ep. ix. 13. Cic. 47.4. Stat. Sylv.iv.5. 13. 21 Sen. Brev. Vit. 20. 
CsB. in Anton. Phil. 7. Att. xil, 13 &c. Sen, 16 Liv. xxxiv. 7. Ter. 22 ^auauXuax. 



FUNERALS. 423 

occur in ancient inscriptions, v. f., vivus fecit; v. f. c, vivus 

FACIENDUM CUBAVIT ; V. S. P„ VIVUS SIBI POSUIT, alsO SE VIVO FECIT. 

If they did not live to finish them, it was done by their heirs, 
who were often ordered by the testament to build a tomb,^ and 
sometimes did it at their own expense.^ Pliny complains bit- 
terly of the neglect of friends in this respect.^ 

The Romans erected tombs either for themselves alone, with 
their wives (sepulchra priva, vel singularia), or for themselves, 
their family, and posterity (communia), familiaria et h.erfj3ita- 
bia ; likewise for their friends who were buried elsewhere, or 
whose bodies could not be found (cenotaphion, vel tumulus 
HONORARius, vel iNANis).* When a person falsely reported to 
have been dead returned home, he did not enter his house by 
the door, but was let down from the roof.^ 

The tombs of the rich were commonly built of marble,'' the 
ground enclosed with a Avail, ^ or an iron i*ail,^ and planted 
around with trees, as among the Greeks.^ 

When several different persons had a right to the same 
burying-ground, it was sometimes divided into parts, and each 
part assigned to its proper owner. 

But common sepulchres were usually built below ground, and 
called hypog.ea/" many of which still exist in different parts of 
Italy, under the name of catacombs. There were niches cut 
out in the walls, in which the urns were placed ; these, from 
their resemblance to the niches in a pigeon-house, were called 

COLUMBARIA. 

Sepulchres were adorned with various figures in sculpture, 
which are still to be seen, with statues, columns, &c.^^ 

But what deserves particular attention, is the inscription or 
epitaph (titulus, i'7ny^a,(pYj, epitaphium vel elogium), expressed 
sometimes in prose, and sometimes in verse,^- usually beginning- 
with these letters, d. m. s., dis manibus sacrum, vel memori^ ; ^^ 
then the name of the person followed, his character, and the 
principal circumstances of his life. Often these words are used, 
Hic situs est vel jacet, *' here lies."^^ If he had lived happily 
in marriage, thus, sine querela, sine jurgio, vel vffensa^ vel 
discordia, in uninterrupted harmony.^^ 

When the body was simply interred without a tomb, an in- 
scription was sometimes put on the stone coffin, as on that of 
Numa.^" 



I Suet. Aug. 101. Hor. 


5 quasi coelitus missus, 


11 Cic. Tusc. g. V. 23. 


13 Piud. Symin. i. 4(12. 


Sat. ii. 3. 84. 5. 105. 


PluU Q. Rom 5. 


Virg..En.vi.^3.Liv. 


Gell. X. 18, Suet. Vit, 


Strab. V. p. 236 


6 Cic. Dam. iv. 12. Ti- 


xxxviii. 56. 


10. 


2 de suo vel de sua pe- 


bul. iii. 2. 22. 


12 Ov. Her. xiv. 128. 


14 Ov. Met. ii. 327. 


cuiiia. 


7 maceriu, Suet. Ner. 


IWart. X. 71. Cic. Tusc. 


Fast. iii. 3. 373. TibiJ. 


3 Ep. vi. 10. 


33. 50. 


i. 14. Arch. 11. Sen. 


i. 3. 55. iii. 2. 29. Sen. 


4 Cic. Oft. i. 17. Mart, 


8 ferrea sepe, Strab. v. 


xvii. 20. Fin. ii. 35. 


Ep. 7.-. Murt. vi. 5'^ 


i. 117. Cod. 13. Virg. 


p. 236. 


Pis. 29 Virg. Eel. V. 


Virg. JEn. vii. 3. I'liu. 


iEn. iii. 304. Hor. Od. 


9 Mart. i. 89. 3. Paus. 


43. Suet. Claud. 12. 


Ep. vi. 10. 


ii. '<J0, 21. Suet. Claud. 


ii. 15. 


Plin. Ep. ix. 20. Sil. 


16 Plin. Kp viil. 5. 


1. Tac. Ann. i. 6V. 


10 I'etron. 71. 


XV. 44.. 


16 Liv. xl. 29. 



2n2 



424 ROMAN ANTIQUITIES. 

There was an action for violating the tombs of the dead 
(sEPULCHRi viOLATi ACTio).^ The punishment Avas a fine, the loss 
of a hand,^ working in the mines,^ banishment, or death. 

A tomb was violated by demolition, by converting it to im- 
proper pm-poses, or by burying in it those who were not 
intitled.* Tombs often served as lurking-places for the perse- 
cuted Christians, and others.^ 

The body Avas violated by handling, or mutilating it, which 
was sometimes done for magical purposes j*" by stripping it of 
any thing valuable, as gold, arms, &c., or by transporting it to 
another place without leave obtained from the pontifex max!- 
mus, from the emperor, or the magistrate of the place.^ 

Some consecrated temples to the memory of their friends, 
as Cicero proposed to his daughter Tullia; which design he 
frequently mentions in his letters to Atticus. This Avas a very 
ancient custom, and. probably the origin of idolatry.^ 

The highest honours Avere decreed to illustrious persons after 
death. The Romans Avorshipped their founder Romulus as a 
god, under the name of Quirinus.^ Hence, afterwards, the 
solemn consecration ^" of the enjperors, by a decree of the 
senate,^^ Avho Avere thus said to be ranked in the number of the 
gods,^-also some empresses.^^ Temples and priests Avere assigned 
to them.^^ They were invoked Avith prayers. Men swore by 
their name or genius, and offered victims on their altars.''^ 

The real body Avas burned, and the remains buried in the 
usual manner. But a Avaxen image of the deceased Avas made 
to the life ; Avhich, after a variety of ridiculous ceremonies paid 
to it for seven days in the palace, Avas carried on a couch in 
solemn procession, on the shoulders of young men of equestrian 
and patrician rank, first to the forum, Avhere the dirge Avas sung 
by a choir of boys and girls of the most noble descent ; then to 
the Campus Martins, Avhere it Avas burned, Avith a vast quantity 
of the I'ichest odours and perfumes, on a lofty and magnificent 
pile ; from the top of Avhich an eagle let loose Avas supposed to 
r,onvey the prince's soul to heaven.^" 

ROMAN WEIGHTS AND COINS. 

The principal Roman Aveight Avas as or libra, a pound ; which 
was divided into twelve parts or ounces (uncle). Thus, uncia, 
an ounce, or J^ of an as ; sextans, 2 ounces, or ^\ ; quadraris, 

1 Gic, Tusc. i. 12. Sen. Mart. i. 35. iii. 92. 15. 35, 36. 41. 43, &c. Lac. ri, Suet. Caes. 88. ccelo 
Contr. W. 4. 6 1. 4. C. de Sep. viol. i. 15. Plia. 27. Wisd. dicari, Plin. Pan. 11. 

2 manus amputatio. ix. 19. Ouinct. Decl. xiv. 15. 13 Suet. Claud. 11. Tuc. 

3 dainiiatio ad metal- 15. Apul.'Met. ii. 'lac. 9 Minuc. Felix Octav. Ann, v. 2. xvi. 21. 
lum. Ann. ii.69. Liv, i. 16. 14seep.257. 

4 alienos inferendo, Cic, 7 Phaedr. i. 27. 3. Dig. 10 a7ro9(;a,<rij. 15 Virg. G. i. 42. Hor. 
Legg. ii. 26. D. de Cod. Plin. Kp. x. 73, 11 Her..dian. iv. 2. Ep. ii. 1. 16. 

Sep. viol. 47. 12. 74. 12 in deornm numei-um, 16 lierodiun. iv. 3. 

fr Clirysust. Hoin. 40. 8 Gic. Alt. xii. IS, 19. inter vel in deoK reler. 



WEIGHTS AND COINS. 425 

S, tV, or i ; triens, 4, y\, or ^ ; quincunx^ 5, or ^^^ ? semis, 6, 
^%, or ^ ; septunx, 7, or -j-\ ; bes, or bessis, 8, ^\, or f ; dodrans, 
9, 1^2, or I ; dextans, or decunx, 10, A§, or | ; deunx, 11 ounces, 
or -i^ of an as. 

The uNCiA was also divided thus : semiincia, ^, the half of an 
ounce, or -^-^ of an as ; duella, ^ ; sicilicus, vel -z^m, i; sextula, 
^ ; drachma, ^ ; hemisescla, i. e. semisextula, -^^ ; tremissis, scru- 
•pulus, scriptulum vel sciipulum, -^V of an ounce, or ^^ of an as.^ 

As was applied to any thing divided into twelve parts ; as an 
inheritance, an acre, liquid measure,^ or the interest of money, 
&c. Hence, probably, our word ace, or unit. 

The Roman pound was equal to 10 ounces, 18 pennyweights, 
13A grains of English Troy weight, or nearly 12 ounces avoir- 
dupoise. 

The Greek Aveights, mentioned by Roman authors, are 
chiefly the talent, divided into 60 mince, and the irvlna into 100 
drachmds. The mina was nearly equal to the Roman libra. 

The English troy weight, by which silver and gold are 
weighed, is as follows : 24 gTains, 1 pennyweight ; 20 pwts. 1 
ounce ; 12 oz. 1 pound. But apothecaries, in compounding 
medicines, make 20 grains 1 scruple ; 3 sc. 1 drachm ; 8 dr. 1 
ounce; 12 oz. 1 pound ; avoirdupoise weight, by which larger 
and coarser commodities are weighed, 16 drams, 1 oz. ; 16 oz, 
I pound. 

The Romans, like other ancient nations,^ at first had no 
coined money,* but either exchanged commodities with one 
another, or used a certain Aveight of uncoined brass,^ or other 
metal. Hence the various names of money also denote weight ; 
so pendere for solvere, to pay ; stipendium (a stipe pendenda), 
soldiers' pay,^ because at first it was weighed, and not counted. 
Thus, talentum and mina among the Greeks, shekel among the 
Hebrews, and pound among us. 

Several Greek words are supposed to allude to the original 
custom of exchanging commodities, thus, u^uv,uoci, to purchase 
or exchange by giving a lamb {x^g, uQvog, agnus); aviof^ui, by 
giving an ass {ovog, asinus) ; x^Af^y, by giving a foal, iroSKog 
{equuleus^, or the young of any animal. 

Servius TuUius first stamped pieces of brass with the image 
of cattle, oxen, swine, &c. (pegudes), whence pecunia, money.' 
Silver was first coined A. U. 484, five years before the first 
Punic war, or, according to others, A. U. 498 ; and gold sixty- 
two years after. Silver coins, however, seem to have been in 
use at Rome before that time, but of foreign coinage.^ The 
Roman coins were then only of brass. 

1 Viir. L. L. iv. 36. 4 pecunid signata. Servlus rex ovium favit, Varr. R. R. ii. 1. 

2 see p. 53. 31)6. Liv. 5 bps rude. bounique effigie primus Pint. Q. Rom. 40. 
^viii. 11. ti KpsIus. ses signavU, Plin. 8 Pliii. xx>iii. 3. 40. 
o Sirab. iii. 155. '/ Ov. Fast. v. 261. xxxiii. 3, aes pecore nu- Liv. viii. 11. Ep. xv. 

2 N 3 



426 ROMAN ANTIQUITIES. 

Hence ^s, or (Bra, pliir., is put for money in general;* (Ere, 
mutare, to buy or sell ; (Bs alienum, debt ; annua (Bra, yearly 
pay ; cerarium, the treasury ; ces militare, money for paying- the 
soldiers, given from the treasury to the quaestor by the tribuni 
(Brarii, or by them to the soldiers ; homo (Bratus, a monied inan,^ 
as some read the passage. So tribuni nan tarn (erati, i. e. bene 
nummati, quam ut appellantur , (Brarii, i. e. asre corrupti, vel in 
(Bvarios aut Ccerites reftrendi ; ^ (era vetusta, i. e. prisca moneta^ 
ancient money, but cera Vetera, old crimes or debts ; (sruscare 
vel (Bsculari, to get money by any means ; ^ ceruscator vel (Bsck- 
lator, a low beggarly fellow, a fortune-teller, or the like ; ob(S- 
ratus, oppressed with debt, a debtor ; in meo cere est, i. e. in 
bonis meis vel in meo censii, mine, my friend ; ^ (bs circiimfora- 
neum, money borrowed from bankers,'' who had shops in porti- 
coes round the forum.' 

Money Avas likewise called stips (« stipando), from being- 
crammed in a cell, that it might occupy less room. But this 
word is usually put for a small coin, as we say a penny, or 
farthing, offered to the gods at games or the like,^ or given as 
an alms to a beggar, or to any one as a new year's gift (strena), 
or by way of contribution for any public purpose." 

Tlie first brass coin ^" was called as, anciently assis (from (Bs) 
of a pound weight {libralis). The highest valuation of fortune ^^ 
under iServius, was a 100,000 pounds weight of brass. ^'" 

'I'he other brass coins, besides the as, Avere semisses, trientes, 
quadrantes, and sextantes. The quadrans is also called terun- 
cius {a tribus unciis)}^ 

These coins at first had the full weight which their names 
imported, hence in later times called ^s grave.** 

This name was used particularly after the weight of the as 
was diminished, to denote the ancient standard,^^ because when 
the sum was large, tlie asses were weighed and not counted 
k?ervius on Virgil makes (Ps grave to be lumps ^'' of rough cop- 
per, or uncoined brass.^' 

In the first Funic war, on account of tlie scarcity of money, 
asses were struck weighing only the sixth part of a pound, ji 
two ounces,^^ which passed for the same value as those of a pound 
weight had done ; whence, says Pliny, the republic gained five- 
sixths,^^ and thus discharged its debt. The mark of the as then 
V. as a double Janus on one side, and the beak or stern of a ship 



1 Hor. Art. p. 345.E1,. 


5 Gel. ix. 2. xiv. l.Liv. 


xxxiv. 5. Suet. Aug. 


'3- ., 




1. 7. 23 iiireos nuui- 


xxvi. 40. Gaes. B. G. i. 


91. Gal. 42. 


14 Plin.il-. 




uios ses dicimus, Ulp. 


3.Tac.Ann.vi.l7.Gic, 


10 nummus vel nunius 


15 Liv. iv. 41. 60. v 


\i. 


2 Liv. V. 4. Asc. Fest. 


Fam. xiii. 62. xv. 14. 


ffiris, a Numa rege vel 


Sen. Helv. 12. 




Var. L. L. iv. 36. 


6 argeiitarii. 


a .oi^oi lex. 


16 massie. 




Plaut. Most. iv. 2. 9. 


7 Cic. Att. ii. 1. 


11 census maximus. 


IT aens rudis, JE.n. 


vi. 


S Cic. Alt. i. 16. see p. 


8 Var. L. L. iv. 36. 


12 centum millia a;ris. 


mi. 




107. 


Cic. Legg. ii. 16. Liv. 
XXV. 12. Tac. Ann. xiv. 


sc. assiuni, vel libra- 


IS asses sextant 


r 


i Ov. Fast. i. 220. Cic. 


nun, Liv. i. 43. 


pondere (priebanti.i 
19 ita quinque pu 




Ver. V. 13. Fest. Sen. 


15. Suet. Aug. 57. 


13 Cic. Fam. ii.l7.Att. 


tea 



y Plin. xxxiii. 10. s. 48. v. 20. Pliii. xxxiii. 3. s. 



WEIGHTS AND COINS. 427 

on the other ; of the triens and quadrans, a boat {rates) ; whence 
they were sometimes called ratiti.^ 

In the second Punic war, while Fabius was dictator, the asses 
were made to weigh only one ounce {unciales) ; and, afterwards 
by the law of Papirius, A. U. 563, half an ounce {semunciales).^ 

The sum of three asses was called tressis ; of ten asses, de- 
cussis ; of twenty, vicessis ; and so on to a hundred, centussis,'' 
but there were no such coins. 

The silver coins were denarius, the value of which was ten 
asses, or ten pounds of brass {deni ceris, sc. asses), marked with 

the letter x — Quinarius, five asses, marked v and sestertius, 

two asses and a half {quasi sesquitertius), commonly marked 
by the letters l. l. s., for libra libra semis ; or by abbreviation, 
H. s., and often called absolutely nummus, because it was in most 
frequent use.* 

The impression on silver coins ^ was usually, on one side, 
carriages drawn by two or four beasts (bic/ce vel quadrigcs) : 
whence they are called bigati and quadrigati, sc. nummi^ and 
on the reverse, the head of Ptoma with a helmet.. 

On some silver coins Avere marked the figure of "^^ictory, 
hence called victoriati, stamped by the Clodian law,' of the 
same value with the quinarii. 

From every pound of silver were coined 100 denarii ; so that 
at first a pound of silver was equal in value to a thousand 
pounds of brass. Whence we may judge of the scarcity of 
silver at that time in Home. But afterwards the case was 
altered. For when the weight of the as was diminished, it bore 
the same proportion to the denarius as before, till it was reduced 
to one ounce ; and then a denarius passed for sixteen asses 
(except in the military pay, in which it continued to pass for 
ten asses, at least under the republic, for in the time of Tiberius 
it appears no such exception was made),^ a quinarius for eight 
asses, and a sestertius for four ; which proportion continued 
when the as was reduced to half an ounce. Hence argentuvi 
<sre solutum, i. e. an as for a sestertius, or the fourth part.^ 

But the weight of the silver money also varied, and was 
diiierent under the emperors from what it had been under the 
republic. 

Varro mentions silver coins of less value ; libella, worth an 
as, or the tenth part of a denarius ; sembella (quasi semilibella), 
worth half a pound of brass, or the twentieth part of a denarius, 
and teruncius, the fortieth part of a denarius. But Cicero puts 
the libella for the smallest silver coin, as well as the teruncius ; *" 



1 Plut. Q. Rom. 40, see 


Gel. XV. 15. 


Macrob. 


7 Cic. Font. 5. Quinct. 


10 Varr. L. L. i>. >5. 


()v. Fast. i. 229. &c. 


Sat. ii. 13. 




vi. 3, 8U. Plin. jucxiii. 


Cic. Ver, ii. 10. Rose. 


Kestus. riin. ib. 


4 Cic. Ver. iii. 


60, 61. 


3. 


C 4. Fin. iii.l4. Ait, 


2 Hiin. xxjciii. 3. s. V.i, 


6 nota arganii, 




8 Tac. Ann. i. 17. 


V.20. Fam. iu l.'. 


ii Var. L. L.iv.36.vi.i. 


(i Pli... xxxiii. 


' 3. Liv. 


y Plui. xjtxiii. 3. HM. 




iJ. Fers. v. 76. liil. 


xxii. ii. xxiii, 


, 1^. 


Cm. 33. see p. 40. 





428 ROMAN ANTIQUITIES. 

this, however, he does only proverbially; as we may say, a 
penny or a farthing. 

A golden coin was first struck at Rome in the second Punic 
war, in the consulship of C Claudius Nero and 31. Livius Sali- 
nator, A. U. 546 ; called aureus, or aureus nummus, equal in 
Aveight to two denarii and a quinarius, and in value to twenty- 
five denarii, or 100 sestertii. Hence the fee allowed to be 
taken by a lawyer is called by Tacitus dena sestertia ; by Pliny, 
decern millia, sc. h. s. ; ^ and by Ulpian, centum aurei,^ all of 
which were equivalent. 

The common rate of gold to silver under the republic was 
tenfold.^ But Julius Caesar got so much gold by plundering, 
that he exchanged it^ for 3000 sestertii, or 750 denarii^ tlie 
pound, i. e. a pound of gold for Ih pounds of silver.^ 

The aureus in later ages was called solidus, but then greatly 
inferior, both in weight and beauty, to the golden coins struck 
under the republic and first emperors.^ 

At first forty aurei were made from a pound of gold, with 
much the same images as the silver coins. But under the late 
emperors they were mixed with alloy; and thus their intrinsic 
value was diminished. Hence a different number oi aurei were 
made from a pound of gold at different times ; under Nero, 45,'' 
but under Constantino, 72. 

The emperors usually impressed on their coins their own 
image. This was first done by Julius Ccesar, according to a 
decree of the senate.® 

The essay or trial of gold was called obrussa,^ hence aururn 
ad obrussam^ sc. exacturn, the purest gold ; argentum pustula- 
TUM, the finest silver,^" vel puruni putum • argentum infecturn vel 
rude, bullion, unwrought or uncoined silver; factum, plate; 
signatum, coined silver ; nummus asper, new-coined ; ^^ vetus vel 
tritus, old, &c. 

Some coins Avere indented (serrati).^'^ 

Besides the ordinary coins, there were various medals struck 
to commemorate important events, properly called medallions ; 
for what we commonly term Boman medals, were their current 
money. When an action deserved to be recorded on a coin, it 
was stamped and issued out of the mint. 

Money was coined in the temple of Juno moneta ; whence 
money. The consuls at first are thought to have had the charge 
of it. But particular officers were afterwards created for that 



1 Suet. Oth. 4. Tac. ret,— that one piece of 7 Plin.xxxiii. 3. vii. 85. 

Kisl. i. 24. Ann. xi. 7. gold should be deemed 8 Juv. xiv. 291. Dio. II Gel. vi 5. Liv.xx 

Vlin. Ep. V. 21. equivalent to ten of xliv. 4. 18. xxr.iv. 5■^. Suet. 

2 D. 1. 12. de extr. cog- silver, Liv.xxxviii. II. 9 Pliii. xxxiii. S. Cic. Sen. Ep. 19. 

nit. see p. IS-j. 4 promercale divideret. Brut. "+. Sen. Ep. 13. 12 Tac. de Mor. Gt 

B ut pro argenteis ds- 5 Suet. Caes. 54. f. 19. 5. 

cem aureus unus vale- 6 Lamprid. in Alex. 39. 10 Suet. Ner. 41. Mart. 13 see p. 122. 



METHOD OF COMPUTING MONE\. 429 

There are several Grecian coins mentioned by Roman 
writers, some of them equal to Roman coins, and some not ; 
DRACHMA, equal to a denarius ; but some make it to be as nine 
to eii^ht; mina, equal to 100 drachmce, or to a Roman libra or 
pound of silver ; talentum, equal to sixty min(B, or Roman 
pounds ; tetra-drachma vel -um, equal to four drachmcB or 
<ie?/a?^^, as its name imports; but Livy, according to the com- 
mon reading, makes it three denarii ; obolus, the sixth part of 
a denarius or drachma} 

METHOD OF COMPUTING MONEY. 

The Romans usually computed sums of money by sestertii or 
sESTERTiA. Ssstei'tium is the name of a sum, not of a coin. 

When a numeral noun is joined with sestertii, it means just 
so many sesterces ; thus, decern sestertii, ten sesterces : but 
uhen it is joined with sestertia, it means so many thousand ses- 
tertii; thus, decern sestertia, te," thousand sesterces. 

Sestertium, rnille sestertii, mille nummi vel sestertii nummi ; 
mille sestertium, mille nummum vel sestertium., nummum mille; 
H. S. vel H. s. 2500 ceris, sc. asses ; 250 dena?'ii vel drachmcB 
denote the same sum. 

When a numeral adverb is joined to sestertium, it means so 
many hundred thousand sestertii ; thus quadragies sestertium is 
the same with quadragies centena millia sestertiorum nummorum, 
or quater millies mille sestertii, four millions of sestertii. Some- 
times the adverb stands by itself, and denotes the same thing ; 
thus, decies, vicies vel vigesies, sc. sestertium ; expressed more 
fully, decies centena, sc. millia sestertium ; and completely, Cic. 
Verr. i. 10. and Juv. iii. 70. So also in sums of brass, decies 
ceris, sc. centena millia assium.^ For when Ave say deni ceris, 
centum ceris, &c. asses is always to be supplied. 

When sums are marked by letters, if the letters have a line 
over them, centena millia is understood, as in the case of the 
numeral adverbs ; thus, h. s. m. c. signifies the same with millies 
centies, i. e. 110,000,000 sestertii or nu7nmi, £888,020 : 16 : 8, 
whereas h. s. m. c. without the cross line, denotes only 1100 
sestertii, £8 : 17 : 7^. 

When the numbers are distinguished by points in two or three 
orders, the first towards the right hand signifies units, the second 
tliousands, and the third hundred thousands ; thus, iii.^xii. dc, 
Hs. denotes 300,000, 12,000, and 600 h. s., in all making 312,600 
sestertii, £5047 : 3 : 9.^ 

1 Plin. xxi. 34, Liv. 335. things =L',523:il:!0^ same description inthe 
xxxiv. 52. xxxvi. 46. 3 There is here an error sterling, just one halt' chapter have been cdi. 
Cic. Fam, xii, 13. in calculation: 312,600 of the amount given bjr reeled without bein^ 

2 Liv. xxiv. 11. Hor. sestertii reckoning eacli the author. Several pointed out in notes. — 
Sat. i. o. 15. Jnv, x. worth 1 penny, 3J far- other errors of the ED. French Traiisl. 



^SO' ROMAN ANTIOUITIKS. 

Pliny says,^ that seven years before the first Punic war, there 
Avas in the Roman treasury auri pondo xvi. dcccx., argenti 
pondo, XXII. Lxx., el in niimerato, lxii. lxxv. cccc, that is, 16,810 
jmunfls of gold, 22,070 pounds of silver, and in ready money, 
(3,275,400 sestertii, £50,660 : 15:7. But these sums are other- 
wise marked thus, auri pondo xvi. u. dcccx., argenti xxu. m.lxx., 
St in numerato lxii. lxxv. m. cccc. 

When sestertiwn neut. is used, pondo is understood, that is, 
two pounds and a half of silver, or a thousand sestertiiJ^ 

When H. s. or seslertium is put after decern millia or the like, 
it is in the genitive plural for sestertiorum, and stands for so 
many sestertii, which may be otherwise expressed by decern ses- 
tertia, &c. But sestertium, when joined Avith decies or the like, 
is in the nominative ou accusative singulai', and is a compen- 
dious way of expressing decies centies sestertium, i. e. decies cen- 
tum vel decies centena millia sestertium v. sestertiorum. 

The Romans sometimes expressed sums by talents; thus, 
decem millia talentitm, and sesteitium his millies et quadringen- 
ties are equivalent. So 100 talents and 600,000 denai'ii ;^ or by 
pounds, LiBR^ pondo, i. e. pondere in the ablative, for these 
words are often joined, as we say, pounds in weight, and when 
PONDO is put by itself as an indeclinable noun, for a pound or 
pounds, it is supposed even then, by the best critics, to be in 
the ablative, and to have libra or lidrcs understood.* 

The Roman libra contained twelve ounces of silver, and was 
worth about £3:4: 7 sterling ; the talent, nearly £193 : 15. 

But the common computation was by sestertii or numrni, 

A SESTERTIUS is reckoncd to have been Avorth of our money 
one penny 3J farthings; a quinarius or victoriatus 3d. 3^^^. ; a 
DENARIUS, 7d. 3q.; the aureus, or gold coin, }6s. Ifc/. ; a ses- 
tertium, or a thousand sestertii, £S : 1 : 5^, — ten sestertii, Is. 
Id. Hq. — a hundred sestertii, 16s. Id. 3q — ten sestertia, or 
10,000 sestertii, £80 : 14 : 7,— a hundred sestertia, or 100,000 
sestertii, .£807 : 5 : 10, — 1000 sestertia, or decies sestertium, or 
decies centena millia sestertium, vel nummiim, or 1,000,000 
sestertii, £8,072 : 18 : 4, sterl, — centies, vel centies h. s., vel 
, centies centum millia sestertiorum, or 10,000,000 sestertii, 
£80,729 : 3 : 4, sterl— millies, vel millies h. s., £807,291 : 13 : 4, 

sterl millies centies h. s., £888,020 : 16 : 8, sterl. Hence Ave 

may form some notion of certain instances on record of Roman 
Avealth and luxury. 

Crassus is said to have possessed in lands bis millies, i. e. 
£1,614,583 : 6 : 8, besides money, slaves, and household furni- 

1 xxxiii.3. 4 sceGronoviusdePec. Macrob. Sat. iii. 15. xx. 1. (;ic. Clu. 61. 

•2 Liv. xxii. 23. vet. Plaut. Pseud, iii. Columel. xii. 20. 28. Invent, ii. 10. PiUiid. 

J 3 Cic. Rab. Post. 8. ■^. 27. Rud. iv. 2.9. Liv. iii. 29. i4'.2U.xxii. iii. I. 

L,iv. ixxiv. 50. IMen. iii. 3. 3. et 18. 23. xxvi. 47. Gel. ii.24. 



METHOD OF COMPUTING MONEY. 431 

ture,^ wliich may be estimated at as much more.^ In the opinioji 
of Crassus, no one deserved to be called rich Avho could not 
maintain an army, or a legion. — Seneca, tej- viillies, £2,421,875. 
— Pallas, the freedman of Claudius, an equal sum."^ — Lentuius 
the augur, quater millies, £3,229,166: 13:4 — C. Cfecilius 
Claudius Isidorus, although he had lost a great part of his for- 
tune in the civil war, left by his vdW 4,116 slaves, 3,600 yoke 
of oxen, 257,000 of other cattle ; in ready money, h. s. sexcen- 
ties, £484,375.* 

Augustus received by the testaments of his friends quattr 
decies millies, £32,291,666 : 13 : 4. He left in legacies to the 
Roman people, i.e. to the public, quadringenties, £322,916 : 13 : 4, 
and to the tribes or poor citizens,^ tricies quinquies, ,£28,255 ; 
4 : 2.^ Tiberius left at his death vigesies ac septies millies, 
£21,796,875, which Caligula lavished away in less than one 
year." Vespasian, at his accession to the empire, said, that to sup- 
port the commonwealth, there Avas need oi quadringenties millies, 
£322,916,666 : 13 : 4, an immense sum! more than the national 
debt of Britain ! ^ 

The debt of Milo is said to have amounted to h. s. septingen- 
ties, £565,104 : 3 : 4.^ 

Caesar, before he enjoyed any office, owed 1300 talents. 
£251,875. When, after his praetorship, he set out for Spain, 
he is reported to have said, his millies et quingenties sibi deesse, 
ut nihil haberet, i. e. that he was £2,018,229 : 3 : 4 Avorse than 
nothing". A sum hardly credible ! When he first entered 
Rome in the beginning of the civil war, he took out of the 
treasury £1 ,095,979,^" and brought into it, at the end of the civil 
war, above £4,843,750 {amplius sexies millies). He is said to 
have purchased the friendship of Curio, at the beginning of the 
civil Avar, by a bribe of sexcenties sestertium, £484,375,^^ and 
that of the consul, L. Paulus, the colleague of Marcellus, A. U. 
704, by 1500 talents, about £290,625.^^ Of Curio, Lucan says, 
hie vendidit urbem, he sold the city ; venali Curio liiigua, Curio 
of venal eloquence,^"^ and Yirgil, as it is thought, vendidit hie 
auro patriam, he sold his native country for gold. But this 
Curio afterwards met Avith the fate Avhich as a ti-aitor to his 
country he deserved, being slain by Juba in Africa.^* Libycas 
en nobile corpus pascit aves ! nullo contectus curio busto, Lucan. 
iv. 809. 

See ! where, a prey, unburied Curio lies, 

To every fowl that wings the Libyan skies. — Rowe. 

1 Plim xxxiii. 10. s. 47. 5 tribubus vel plebi. Vesp. 16. 12 App. B. C. ii. 443. 

2 alteram tantum. 6 Suet. Aug. ult. Tac 9 Pliii. xxxvi. 15. s. 24. Plut. Cses. Pomp, et 

3 Cic. Off. i. 8. Plin. Ann. i. 8. 10 Piut.Cxs.App. B. C. Suet. Ca;s. 29. 
xxxiii. 10. Tac. Ann. 7 Suet. Cal. 37. ii. 432. Plin. x.Kxiii. 3. 13 L,ue. i. 261). iv. ult. 
xii. 53. xiii. 42. 8 In the year 1791, II A''el.ii.o6. Vpl.Pat.ii. 14 Virg. ^n, vi. Oii, 

4 .Sen. Ben. ii. 27. Plin. when this work Mas 48. Dio. xl. 6U. Val. Die. sli. 4i. 
il). first published.— Suet. Max. is. i. d. 



432 ROMAN ANTIOUITIES. 

Antony, on the Ides of March, when C«sar was killed, owed 
quadrmcfenties, £322,916 : 13:4, which he paid before the 
kalerjds of April, and squandered of the public money, sester- 
tium septies millies, j£5,651,041 : 13 : 4.^ 

Cicero at first charg^ed Verres with having- plundered the 
Sicilians of sestertium millies, but afterwards exacted only quad- 
ringenties? 

Apicius wasted on luxurious living sexceniies sestertium, 
j£484,375 ; Seneca says, sestertium millies in culinam consump- 
sity and being- at last obliged to examine the state of his affairs, 
found that he hadremaining only 5es^e?•<^^^w^cen^^es, £80,729 :3: 4, 
a sum which he thought too small to live upon, and therefore 
ended his days by poison.^ 

Pliny says, that in his time LoUia Paulina wore, in full dress, 
jewels to the value oi quadragies sestertium, £32,291 : 13 : 4, or 
as others read the passage, quadringenties sestertium, £322,916 : 
13 : 4.^ Julius Cjesar presented Servilia, the mother of M. 
Brutus, with a pearl worth sexagies sestertio, £48,417 : 10. 
Cleopatra, at a feast with Antony, swallowed a pearl dissolved 
in vinegar worth centies h, s., £80,729 : 3 : 4. Clodius, the son 
of j^.'sopus, the tragedian, swallowed one worth decies, £8,072 : 
18 : 4. Caligula did the same.^ 

A single dish of j^'sop's is said to have cost a hundred sester- 
tia, £807 : 5 : 10.^ Caligula laid out on a supper, centies h. s., 
£80,729 : 3 : 4, and Heliogabalus, tricies h. s,, £24,218 : 15.^ 
The ordinary expense of Lucullus for a supper in the hall of 
Apollo, Avas 50,000 drachmcB, £1,614 : 11 : 8.S 

Even persons of a more sober character were sometimes very 
expensive. Cicero had a citron-table which cost him h. s. de- 
cies, £807 : 5 : 10 ; and bought the house of Crassus with bor- 
rowed money, for h. s. xxxv. i. e. tricies quinquies, £28,255 : 4 : 
2.^ This house had first belonged to the tribune M. Livius 
Drusus, who, when the architect promised to build it for him in 
such a manner that none of his neighbours should overlook 
him, answered, " If you have any skill, contrive it rather so, 
that all the world may see what 1 am doing.'' ^" 

Messala bought the house of Autronius for h. s. ccccxxxvii., 
£352,786 : 2 : 9.^^ Domitius estimated his house at sexagies 
sestertia, i. e. £48,437 ; 10. The house of Clodius cost centies 
et quadragies octies, £119,479.^^ 

The fish-pond of C. Herius was sold for quadragies h. s., 
£32,291 : 13 : 4, and the fish of Lucullus for the same sum.^'' 

The house-rent of middling people in the time of Julius 

1 Cic. Phil. il. 37. V. 4. 4 Plin. x. 35. s. 57. xxxv. 12. 10 Veil. Pat. ii. 11. 
xii. 5. 5 Suet. Cal. 34. Caes.50. 7 Sen. Helv. 9. Lampr. 11 Cic. Att. i. 13. 

2 Gsec. 5. Act. Ver. 18. Plin. ib. Mucrob. Sat. i37. 12 Val. Max. ix. 1. 5. 

3 Sen. Cons. Helv. 10. ii. 13. Val. Max. ix. 1, S Plut.Lucul. Plin. xxxvi. 15. s. 2+. 
Mart, ill 'ii. Dio. Ivii. 2. Hor. Sat. ii. 3. 229. 9 Plin. xiii. 15. vii. 38. 13 Plin. ix. 54, 55. 

19. C Plin. X. 51. s. 72. Cic. Fam. v. 6. 



INTEREST OF MONEY. 4j3 

Cffisar is supposed to have been bina millia nummum, £16:2:11. 
That of Ccelius was xxx millia nummum^ £242 : 3 : 9, and 
thought high.^ 

The value of houses in Rome rose greatly in a few years. 
The house of Marius, which was bought by Cornelia for Ik 
myriads of drachmcE, £2,421 : 17 '• 6, was, not long after, 
purchased by Luculius for 50 myriads, and 200 drachmce, 
£16,152 : 5 : lO.^ 

The house of Lepidus, which in the time of his consulship 
was reckoned one of the finest in Rome, in the space of 35 years 
was not in the hundredth rank.^ The villa of M. Scaurus being- 
burned by the malice of his slaves, he lost h. s. milUeSy 
£807,291 : 13 : 4. The golden house "^ of Nero must have cost 
an immense sum, since Otho laid out in finishing a part of it 
quingenties h. s., £403,645 : 16 : 8.^ 

THE INTEREST OF MONEY. 

The interest of money was called f(knus, vel fenus; or usura, 
fructus, merces, vel impendium ; the capital, caput, or sors ; also 
FCENUs, which is put for the principal as well as tlie interest.'' 

When one as was paid monthly for the use of a htandred, it 
was called, usura centesima, because in a hundred months the 
interest equalled the capital; or asses usur/E. This we call 12 
per cent, per annum,^ which was usually the legal interest at 
Rome, at least towards the end of the republic, and under the 
first emperors. Sometimes tlie double of this was exacted, biruB 
centesimxE, 24 per cent., and even 48 per cent., quatemce centesi- 
mcB. Horace mentions one who demanded 60 per cent. ; quinas 
hie capiti mercedes exsecat, i. e. quintuplices usuras exigit, vel 
quinis centesimis fcenerat, he deducts from the capital sum five 
common interests.^ 

When the interest at the end of the year was added to the 
capital, and likewise yielded interest, it Avas called centesimcB 
renovat(B, ov A^ATOcisMvs anniversarius^ compound interest; if 
not, centesimcB perpetuce ; or fosnus perpetuumy 

UsuR-E semisses, six per cent. ; trientes, four per cent. ; quad- 
rantes, three per cent.; besses, eight per cent, &c. ; usurre legi- 
timcB vel licitce, legal interest ; illicitcB vel illegitimfB, illegal.^'^ 

Usura is commonly used in the plural, and f(enus in the 
singular. 

The interest permitted by the Twelve Tables was only one 
per cent, fctinus unciarium vel ungi^ usur.e (see lex duilia 

1 Suet. Cffls. 38. Cic. 4 aurea domus. bere vel mutual i, Plin. 9 Cic. Alt. v. -21, 
Coel. 7. 5 Piin. ib. Ep. x. 62. v. 55. cen- 10 DiRest.et Suet. Auw. 

2 Plut. Mar. 6 Tac, Ann. vi. 17. Cic. tesimas computare, ix. 39. Cic. Att. iv. IJ 

3 centesimum locum Att. i. 12. v. 21. vi. ], 28. Pcrs. V. 149. 
non obtinuit, Plin. 2. 8 Sat i. 2. ]4. Cic. Ver. 

xxxvL 15. s. 21. 7 duodenis assibus d?- iii. 70. Att. vi. e. 

2o 



434 ROMAN A i^TIQUlTIES. 

M enia), which some make the same with usura centesima ; re- 
duced, A. U. 408, to one-half, fcenus semunciarium ; ^ but these, 
and other regulations, were eluded by the art of the usurers.^ 
After the death of Antony and Cleopatra, A.U, 725, the interest 
of money at Rome fell from 12 to 4 per cent,^ 

Professed bankers or money-lenders Avere also rolled mensarii 
vel trapezitcE^ argentarii, nummularii, vel collyhistoBy sometimes 
appointed by the public* 

A person who laid out money at interest was said pecuniam 
alicui V. apud aliquem occupare, ponere^ collocare, &c. ; when he 
called it in, relegere? 

The Romans commonly paid money by the intervention of a 
banker,^ whose account-books of debtor and creditor ^ were 
kept with great care ; hence acceptum referre, and among later 
writers, acceptum f err e^ to mark on the debtor side, as received ; 
acceptilatio, a form of freeing one from an obligation without 
payment : expensum ferre, to mark down on the creditor side, 
as paid or given away ; expensi latio, the act of doing so ; ratio 
accepti atque expensi inter nos convenit, our accounts agree ; in 
rationem inducere vel in tabulis rationem scrihere, to state an 
account. And because this was done by writing doAvn the sum 
and subscribing the person's name in the banker's books, hence 
scribere nummos alicui, i. e. se per scriptum v. chirographam 
obligare ut solvat, to promise to pay ; ^ rationem accepti scribere^ 
to borrow ; rescribere, to pay, or to pay back Avhat one has re- 
ceived ; so, perscribere, to order to pay ; whence perscriptio, 
an assignment or an order on a banker.'' Hence also nojien is 
put for a debt, for the cause of a debt, or for an article of an 
account. Nomina /acere, to contract debt, to give security for 
payment, by subscribing the sum in a banker's books, or to 
accept such security ; exigere, to demand payment. So, appcl- 
lare de nomine, dissolvere, to discharge, to pay ; solvere, expun- 
gere, explicare, expedire ; ^" transcribere nomirta in alios, to lend 
money in the name of others ; pecunia ei est in nominibus, is on 
loan ; in codicis extrema cera nomen infimiim in Jlagitiosa litura, 
the last article at the bottom of the page shamefully blotted ; 
rationumnomina, articles of accounts ;^^ in tabulas nomen referre, 
to enter a sum received ; multis Verri nominibus acceptum re- 
ferre, to mark down on the debtor side many articles or sums 
received from Verres ; hinc ratio cum Curtiis, multis nominibus, 

1 Tac. Ann. vi. 16. Liv. 5 Hor. Ep. 2. ult. Cic. cepti et expensi ; men- Or. i. 58. Phil. v. 4. 
vii. 27. Flacc. 21. Ver. i. 36. sae rationes, ib. & Cic. 10 Sen. Ben. i. 1. Cic. 

2 foeneratores, Cic.Att. 6 Cic. Cxc. 6. in foro, 8 Plaut. Most. i. 3. ]46. Oft'- iii. 14. Fam. vii. 
vi. 1. Off, ii. 24,25. et. de mensx scriptiira, Asin. ii. 4. 34. Cic. 2:i. Verr. i. 10. PJaiic. 
Sal. Cat. 33. Liv. viii. magis quam ex area Ver. i. 42. 28. Att. v. 29. vi. 2. 
23. XXXV. 7. 41. doitioque, vel cista pe- 9 Plaut. True. iv. 2. 36. xiii. 29. xvi. 6. Plaut. 

3 Dio. Ii. 21. cunia, numerabatur, Ter. Phorm. v. 7. 29, Cist. i. 3. 41. 

4 Liv. vii. 21.xxiii. 21. Don. Ter. Adelph, ii. 30. Hor. Sat. ii. 3. 76. 11 Liv. xxxv. 7- Cic. 
Suet. Aug. 2—4. Cic. 4. 13. Cic. Att. iv. ult. ix. 12. Top. 3. Verr. i. 36. 3'J. 
Flacc. 19, 7 tabulse vel codices ac xii. 51. Flacc. 19. 30. v. 7. 



ROMAN MEASURES. 435 

quorum in tabulis iste habet nullum, i. e. Curtiis nihil expensum 
tulit Verves. Hence Cicero, pleading against Verres, often 
says, RECiTA NOMINA, i. e. 7-es,personas, causas, in quas ille aut 
quibus expensum tulit, the accounts, or the different articles of 
an account; certis nominibus pecuniam debere, on certain ac- 
counts ;^ non refertparva nomina in codices, small sums ; multis 
nominibus versuram ab aliquo facer e, to borrow many sums to 
pay another ; permulta nomina, many articles, likewise for a 
debtor ; ego bonum nomen existimor, a good debtor, one to be 
trusted ; optima nomina non appellando Jiunt mala^ bono nomine 
centesimis contentus erat, non bono quatemas centesimas sperabat, 
he was satisfied with 12 per cent, from a good debtor, he looked 
for 48 from a bad ; nomina sectatur tironum, i. e. ut debitores 
faciat venatur, seeks to lend to minors, a thing forbidden by 
law ; cantos nominibus certis expendere nummos, i. e. sub chiro- 
grapho bonis nominibus vel debitoribus dare, to lend on security 
to good debtors ; locare nomen sponsu improbo, to become surety 
with an intention to deceive. "^ 

As the interest of money was usually paid on the Kalends, 
hence called tristes, and celeres, a book in which the sums to 
be demanded were marked was called calendarium.^ 

ROMAN MEASURES OF LENGTH. 

The Romans measured length or distance by feet, cubits, paces, 
stadia, and miles. 

The Romans, as other nations, derived their names of mea- 
sure chiefly from the parts of the human body. Digitus, a digit, 
or finger's breadth ; pollex, a thumb's breadth, an inch ; pal- 
mus, a hand's breadth, a palm, equal to (=) 4 digitz, or three 
inches; pes, a foot, r= 16 digits or 12 inches; palmipes, a foot 
and a hand's breadth ; cubitus vel ulna, a cubit, from the tip of 
the elbow, bent inwards, to the extremity of the middle finger, 
r=; li foot, the fourth part of a well-proportioned man's stature ; 
passus, a pace, := 5 feet, including a double step, or the space 
from the place where the foot is taken up to that where it is set 
down, the double of an ordinary pace, gradus vel gressus. A 
pole ten feet long ^ was called pertiga, a perch.^ 'i'he English 
perch or pole is i6,j feet ; U7ia pertica iractare, to measure with 
the same ell, to treat in the same manner,' 

Each foot (pes) was divided into 4 palmi or hand-breadths, 
12 pollices or thumb-breadths, and 16 digiti or finger-breadths. 
Each digitus was supposed equal to 4 barley-corns ; ^ but the 

1 Cic. Quinct. 11. Ver. 3 Phaedr. i. 16. Cic. At. Sen. Ben. i. 2. vii. 10. 7 Plin. Ep. viii. 2. 

i. 39. A sc. Cic. V. -^l. Hor. SaU i. 2. Ep. 14.87. 8 hordei grana. Front. 

2 Cic. Rose. Com. 1. 16. Ep. ii. 1. 105. 5 decempeJa. dt Aquaed. i. 2. 
Ver. ii 5. 76. Fain. v. 4 Hor. Sat. i. 3. E7. 6 quasi portica, a por- 

C. C-oium. 1. 7. Ov. Rem. Aai. 561. t.indo. 

2 2 



436 ROMAN ANTIQUITIES. 

English make their inch only three barley-corns. The foot was 
also divided into 12 parts, denominated from the divisions of 
the Roman as ; thus, dodrans vel spithama, 9 pollices, or U7ici(e, 
inches.^ 

A cubit (cubitus, v. -urn) was equal to a foot and a half 
(sesquipes), 2 spitharrKB, 6 palmi^ IS pollices, or 24 digiti. Pas- 
sus, a pace, was reckoned equal to 5 feet ; 125 passus, or 623 
feet, made a stadium or furlong ; and 8 stadia, or 1000 paces, 
or 5000 feet, a mile (auLLiARiuM, vel -re ; vel mille, sc. passus 
V. passuum)r 

The Greeks and Persians called 30 stadia parasanqa ; and 2 
parasangs, sch(enos ; but others differ.^ 

The Roman acre (juqerum) contained 240 feet in length and 
1 20 in breadth ; that is, 28,800 square feet* 

The half of an acre was called actus quadratus, consisting of 
120 feet square (actus, in quo boves agerentur cum aratro uno 
itnpetu justo vel protelo, i. e. uno tractu vel tenore, at one 
stretch, without stopping or turning; non strigantes, without 
resting). Actus quadratus unoique finitur pedibus cxx. Hoc 
duplicatum facit jugerum, et ab eo, quod erat junctum, nornen 
jugeri usurpavit. Jugum vocabatur, quod unojugo bourn in die 
exarari posset.^ 

An English acre contains 40 perches or poles, or 660 feet, in 
length, and four poles, or QQ feet, in breadth. The Scottish acre 
is somewhat more than one-fifth larger. 

The jugerum was divided into the same parts as an as ; hence 
uncia agri, the twelfth part of an acre.^ 

ROMAN MEASURES OF CAPACITY. 

The measure of capacity most frequently mentioned by Roman 
authors is the amphora,' called also quadrantal or cadus, and by 
the Greeks ?netreta or ceramium, a cubic foot, containing 2 
urn(B, 3 ?nodii, 8 congii, 48 sextarii, and 96 hemincB or cotylce. 
But the Attic amphora ^ contained 2 urnce, and 72 sextarii. 

The amphora was nearly equal to 9 gallons English, and the 
sextarius to one pint and a half English, or one mutchkin and 
a half Scottish. 

A sextarius contained 2 heminae, 4 quartarii, 8 acetabula, and 
12 cyathi, which were denominated from the parts of the Roman 
as; thus, calices or cups Avere called sextantes, quadrantes, 
trientes, &c. according to the number of cyathi which they 
contained.^ 



1 Suet. Aug. 79. Plin. 


V. 10, xii, 14. 


s. 49. Sen. Ep. 31. 


vas ejus mcnsuraj 


vii. 2. 


4 Ouinct. i. 10.42. Var. 


Phaedr. iii. 6. 9. Col. 


utrinque ferreiiiir, ilua- 


2 Clc. Caec. 10. Att. iii. 


R". R. i. 10. 1. PJin. 


V. 1. 5. Varr. R. R. i. 


bus ansis. 


4. Gell. i. 16. Plin. ii. 


xviii. 3, &c. 


10. 


8 Ha6os, or metretu. 


23. 


5 Don. Ter. Phorni. 1. 


6 Varr. R. R. i. 10. 


9 see p. 30b. 


a HeroJot. ii. 16. Plin. 


d. 36. Plin. xviiL 3. VJ. 


7 ex o/i^i et ipupw, quod 





JIE-iHOD OF \VRITING. 437 

A cyathus Avas as much as one could easily swallow at once. 
It contained 4 ligulce vel lingulcB, or cochlearia, spoonfuls.^ 

CoNGius, the eighth of an amphora, was equal to a cubic half 
foot, or to 6 sextarii. This measure of oil or Avine used 
anciently to be distributed by the magistrates or leading men 
among the people. Hence congiarium, a gratuity or largess of 
money, corn, or oil, given to the people, chiefly by the emper- 
ors, or privately to an individual.^ 

A gratuity to the soldiers Avas called donativum, sometimes 
also CONGIARIUM.^ The congiaria of Augustus, from their small- 
ness, used to be called heminaria.* 

The Aveight of rain-Avater contained in an amphora Avas 80 
Roman pounds, in a congius 10 pounds, and in a sextarius I 
pound 8 ounces. 

The greatest measure of things liquid among the Romans was 
the cuLEus, containing 20 amphorae. 

Pliny says, the ager CcBCubus usually yielded 7 culei of Avine 
an acre, i. e. 143 gallons 3^ pints English, Avorth at the vineyard 
300 nummi, or 75 denarii, each culeus, i. e. £2 : 8 : 5^, about a 
halfpenny the English pint.^ 

31oDius was the chief measure for things dry, the third part 
of a cubic foot, someAA'hat more than a peck English. A modius 
of Gallic Avheat Aveighed about 20 librcB. Five modii of Avheat 
used to be soAvn in an acre, six of barley and beans, and three 
of pease. Six modii Avere caUed medimnus, vel -urn, an Attic 
measure.^ 

ROMAN METHOD OF WRITING. 

Men in a savage state have ahvays been found Ignorant of 
alphabetic characters. The knoAvledge of Avriting is a constant 
mark of civilization. Before the invention of this art, men 
employed various methods to preserve the memory of important 
events, and to communicate their thoughts to those at a distance. 

The memory of important events Avas preserved by I'aising 
altars or heaps of stones, planting groves, instituting games and 
festivals, and, Avhat Avas most universal, by historical songs.^ 

The hrst attempt towards the representation of thought AA^as 
the painting of objects. Thus, to represent a murder, the 
figure of one man Avas draAvn stretched on the ground, and of 
another Avith a deadly Aveapon standing over him. When the 
Spaniards first arrived in IMexico, the inhabitants gave notice of 
it to their emperor Montezuma, by sending him a large cloth, 
on Avhich Avas painted every thing they had seen. 

1 Columel. xii. 21. Plin. 1. Att. x. 7. Tac. Ann. Plin. Pan. 25. Gic. Att. I'ii. 3. 

XX. b. Mart. xiv. 120. xiii. 31. Suet. G<es. 27. xvi. 8. Tac. Ann. xii. 6 Plin. xviii. 7.24. Nep. 

2 i.iv XXV. 2-.'. xxxvii. 38. Aug. 42. Tib, 20. 41. Curt. vi. 2. Attic. 2. Cic Verr. iii. 
67. Plin. xiv. 14. Cic. Dnm. 4.Vesp. 18. 4 Ouinct. vi. 3. 52. 4.''. 47. 49, &c. 

Phil. ii. J5. Fam. vi,i. 3 Suet. Cal. 46. Ner. 7. 3 Plin xiv. 4. CoIumeL 7 Tac. Mor. Berm. 2., 

2 3 



438 ROMAN ANTIQUITIES. 

The Egyptians first contrived certain signs or symbols called 
hieroglyphics (from ie^os, sacred, and yAy<p^, to carve), whereby 
they represented several things by one figure. The Egyptians 
and Phoenicians contended about the honour of having invented 
letters.^ 

Cadmus, the Phoenician, first introduced letters into Greece 
near 1500 years before Christ, then only sixteen in number, a, 
/3j y> S, £, i, 56, ?^, f^^ V, 0, 7ir, ^, (7, T, V. To these, four were added 
by Palamedes, in the time of the Trojan war, ^, ^, ip, % ; and 
four afterwards by Simonides, ^, », -^z, u.^ 

Letters were brought into Latium by Evander from Greece. 
Tlie Latin letters at first were nearly of the same form with the 
Greek.^ 

Some nations ranged their letters perpendicularly, from the 
lop to the bottom of the page, but most horizontally. Some 
from the right to left, as the Hebrews, Assyrians, &c. Some 
from right to left and from left to right alternately, like cattle 
ploughing, as the ancient Greeks ; hence this manner of writing 
was called i3ov(ttqq(PyjIou. But most, as we do, from left to i-ight. 

The most ancient materials for writing were stones and bricks. 
Thus the decalogue, or ten commandments, and the laws of 
Moses ; then plates of brass,* or of lead, and wooden tablets.' 
On these all public acts and monuments were preserved.^ As 
the art of writing was little known, and rarely practised, it 
behoved the materials to be durable. Capital letters only were 
used, as appears from ancient marbles and coins. 

The materials first used in common for writing, were the 
leaves, or inner bark (liber) of trees; whence leaves of paper 
{charted, folia, vel plagulcs), and liber, a book. The leaves of 
trees are still used for Avriting by several nations of India. 
Afterwards linen, ^ and tables covered with wax were used. 
About the time of Alexander the Great, paper first began to be 
manufactured from an Egyptian plant or reed, called paptrus, 
vel -um, whence our word paper, or biblos, whence /3;€Aof, a 
book. 

The papyrus was about ten cubits high, and had several coats 
or skins above one another, like an onion, which they separated 
with a needle. One of these membranes {jphilyrcB vel scfiedas) 
was spread on a table longwise, and another placed above it 
across. The one was called stamen, and the other subtemen, as 
the warp and the woof in a web. Being moistened with the 
muddy water of the Nile, which served instead of glue, they 
were put under a press, and after that dried in the sun. Then 

1 Tac. Ann. xi. 14.Luc. Plin. vii. 58. xxxiv. 1. Deut. xxvii. 6 Cic. Font. 14.Liv. vi. 

iii. 2-20. Plin. vii. 56. 4 Joseph. Ant. Jud. i. 8. Jos. viii. 42. 2il. Plin. Pan. 54. Hor. 

?. Hyg.Fab.277.Herod. 4. Tao. Ann. ii. 60. 6 Isaiah, xxx. 8. Hnr. Od. iv. 8. 13. 

V. 58.Plin.vii.56. S.57. iv. 43. Luc. ii. 223. Art. P. 399. GelL ii. 7 Liv. iv. 7. 13. 20. 

8 Tac. ib, Liv. i. 7. Liv. iii. 57. Exod. 13. 



;iIETHOD OF AVR1T1>G. 439 

these sheets,^ Lhus prepared, were joined too^ether, end to end, 
but never more than twenty in Avhat was called one scapus, or 
roU.^ The sheets were of different size and quality. 

Paper was smoothed with a shell, or the tooth of a boar or 
some other animal ; hence charta dentata, smooth, polished.^ 
The finest paper was called at Rome, after Augustus, augusta 
regia ; the next liviana ; the third hieratica, ^vhich used an- 
ciently to be the name of the finest kind, being appropriated to 
the sacred volumes. The emperor Claudius introduced some 
alteration, so that the finest paper after him was called claudia. 
The inferior kinds were called Amphitheatrica, Saitica, Leneo- 
tica, from places in Egypt Avhere paper was made ; and fanni- 
ana, from Fannius, who had a noted manufactory * for dressing 
Egyptian paper at Rome.^ 

Paper which served only for Avrappers {involucra vel seges- 
tria, sing, -e) was called emporetica, because used chiefly by 
merchants for packing goods ; coarse and spongy paper, scabra 
BiBULAQUE.^ Fine paper of the largest size was called macro- 
coLLA, sc. charta, as we say royal or imperial paper, and any 
thing Avritten on it MACROCOLLUivt, sc. volumen? 

The exportation of paper being prohibited by one of the 
Ptolemies, out of envy against Eumenes, king of Pergamus, 
who endeavoured to rival him in the magnificence of his library, 
the use of parchment, or the art of preparing skins for writing, 
was discovered at Pergamus, hence called pergamena, sc. charta, 
vel MEMBRANA, parchmeut. Hence also Cicero calls his four 
books of Academics, quatuor ^{(ph^ixi, i. e. Iib7-i e membranis 
facti. Some read ^((ph^aty i. e. pelles, by a metonymy, for libri 
pellibus tectiy vel in pellibus scripti.^ Diphthera Jovis is the 
register book of Jupiter, made of the skin of. the goat Amalthea, 
by whose milk he Avas nursed, on which he is supposed by^ the 
poets to have written down the actions of men. Whence the 
proverb, diphtheram sero Jupiter inspexit, Jupiter is long before 
he punish ; and antiquiora diphthera,^ To this Plautus beauti- 
fully alludes, Pud. Prol. 21. 

The skins of sheep are properly called parchment ; of calves, 
VELLUM.^'' Most of the ancient manuscripts which remain are 
written on parchment, few on the papyrus. 

Egypt having fallen under the dominion of the Arabs in the 
seventh century, and its commerce with Europe and the Con- 
stantinopolitan empire being stopped, the manufacture of paper 
from the papyrus ceased. The art of making paper from cotton 
or silk ^^ was invented in the East about the beginning of the 
tenth century ; and, in imitation of it, from linen I'ags in the 

1 plagulse vel suhed«, 5 Plin. ib. 25.xvi. 3. vii. 15. /Elian, ix. 3. 

2 Plin. xiii. 11. s. 21. 6 Plin. xiii. 12.Ep. viii. 8 see Manntius, Cic 10 quasi vitulinuin, sc, 

3 Cic. Q. Fr. ii. 15. 15. Att. xiii. 24. curium. 

4 officiiw. V Ib. & Cic, Alt. xiii. 9 Iiiasin.Cliil.Vid. Pol, 11 charta bawbycina. 



440 



ROMAN ANTIQUITIES. 



y i 



a 



fourteenth century. Coarse brown paper was first manufactured 
in England, A. D. 1588; for writing and printing, A. D. 1690 ; 
before which time about £100,000 are said to have been paid 
annually for these articles to France and Holland. 

The instrument used for writing on waxen 
tables, the leaves or bark of trees, plates of brass 
or lead, &c. was an iron pencil, Avith a sharp 
point, called stylus, or graphium. Hence stylo 
uhstineOy I forbear writing.^ On paper or parch- 
ment, a reed shai-pened and split in the point, 
like our pens, called calamus, x^v't^jio , fistula vel 
canna, which they dipped in ink,^ as we do our 
pens.^ 

Sepia, the cuttle-fish, is put for ink ; because, 
when afraid of being caught, it emits a black 
matter to conceal itself, which the Romans some- 
times used for ink.* 

The ordinary writing materials of the Romans 
were tablets covered with wax, paper, and parch- 
ment. Their stylus Avas broad at one end ; so 
that when they wished to correct any thing, they turned the 
stylus, and smoothed the wax Avith the broad end, that they 
might write on it anew. Hence scepe stylum vei'tas, make fre- 
quent corrections.^ 

An author, Avhile composing, usually Avrote first on these 
tables, for the convenience of making alterations ; and when 
any thing appeared sufficiently correct, it was transcribed on 
paper or parchment, and published.*^ 

it seems one could write more quickly on waxen tables than 
on paper, where the hand was retarded by frequently dipping 
the reed in ink.^ 

The labour of correcting was compared to that of Avorking 
Avith a file (IhnGe labor) ; hence opus limare^ to polish ; limare 
de aliquo, to lop off redundancies ; supremam limam operiri, to 
wait the last polish ; lima mordacius uti, to correct more care- 
fully ; ^ liber rasus lima amici, polished by the correction of a 
friend ; ultima lima defuit meis scriptis^ i. e. summa manus operi 
defuit, vel non imposita est, the last hand Avas not put to the 
Avork, it was not finished; metaph. vel translat. a pictura, qmmi 
manus cumplet atque ornat suprema ; or of beating on an anvil ; 
thus, et male tornatos (some rca.^ formatos) incudi reddere versus, 
to alter, to correct ; ^ uno opere eandem incndem diem noctemque 
tundtre, to be always teaching the same thing; ablatum mediis 



1 I'rin.Ep. vii. 21. 

2 atraniento iritinge- 
bant. 

3 CicAtt. vi. 8. Q. Fr. 
ii. 15. Pevs. lii. U. 14. 



Hor. Art. P. 44C. P]in. 6 ib. ii. 3. 2. 

xvi. 36. s. 64. 7 Quinct. x. 3. 30. 

4 Pirs. ib. Clc. Not. D. 8 Cic. Or. i. 25. iii. Ov. 
ii. 20. Ov. Hal. 18. rrmt. i. 5. 19. Piiii. Ep. 

5 Hor. Sat. i 10.72. viii, 5. 



9 Hor. Art. P. 441, Ov. 
Pont. ii. 4. 17. Trist. ' 
i. 6. 80. Ser\v\''irg. 
iEii. vii. 572. 



METHOD OF WRITING. 



441 



npas est incudihus illud, the work was published in an imperfect 



state.^ 

The Romans used also a kind of blotting or coarse paper, or 
^avchment {char tadeletitia), called palimpsestos^ vel palinxestus^'^ 
on which they might easily erase * what was written, and A\rite 
it anew. But it seems this might have been done on any 
parchment.^ They sometimes varied the expression by inter- 
lining.^ 

The Romans used to have note-books (adversaria), in which 
they marked down memorandums of any thing-, that it might 
not be forgotten, until they Avrote out a fair copy ; of an ac- 
count, for instance, or of any deed.^ Kence referre in adversa- 
ria, to take a memorandum of a thing. 

The Romans commonly wrote only 
on one side of the paper or parch- 
ment, and always joined ^ one sheet ^ 
to the end of another, till they finish- 
ed what they had to write, and then 
rolled it up on a cylinder or staff; 
hence volumen, a volume or scroll. 
Evolvere librum, to open a book to 
read ; animi sui complicatam notione/n 
evolvere, to unfold, to explain the complicated conceptions of 
his mind.^" 

An author generally included only one book in a volume, so 
that usually in a work there was the same number of volumes as 
of books. Thus, Ovid calls his fifteen books of Metamorphoses, 
mutatce ttr quinque volumina formcB, thrice five volumes.^ When 
the book was long, it was sometimes divided into two volumes; 
thus, sTUDiosi tres, i. e. three books on Rhetoric, in sex volumina 
propter amplitudinem divisi, divided, on account of their size, 
5nto six volumes. Sometimes a Avork, consisting of many books, 
was contained in one volume ; thus, Homerus totiis in una volu- 
nine, i. e, forty-eight books. Hence annosa volumina vatum, 
aged books ; peragere volumina, to compose.^- 

Wheu an author, in composing a book, Avrote on both sides ^^ 
of the paper or parchment, it was called opistographus, vel-o/?, 
i. e. scriptus et in tergo {ex oTriakv, a tergo, et y^a,(pa, scribo), 
in charta aversa}'' in very small characters.^^ 

When a book or volume was finished, a ball or boss^*^ of wood, 
bone, horn, or the like, was affixed to it on the outside, for 
security and ornament,^^ called umbilicus, from its I'esemblance 




I Ov. ibid, 29. Cic. Or, 


P. 339. 


10 Cic.Tusc. i.U.Top. 


Id in utraque J■a^.na. 


ii. 39. 


6 suprascriptio, Plin. 


9. Ot>. iii. 19. 


14 Juv. i. 1.6. Mart. 


2 a TTaXii-, rursus, et 


Kp.\ii. 12: 


11 TrisL. i. 1. 117. Cic. 


viii. 62. 


^.^.<», rado. 


7 ut ex lis jusfe tabulaj 


Tusc. iii. S.Att. iv.lO. 


15 miniitissimis, sc. ii- 


3 a ?,<„, rado. 


conficerenlur, Cic. Ros. 


F..n). xvi. 17. 


le -is, Plin. it. 


4 delere. 


Com. 2, 3. 


Ii Plin. Kp. iii. S. UIp. 


16 bulla. 


5 Mart. xiv. 7. Cic. 


8 agglutinabant. 


1. 62. D. ue Legnt. iii. 


17 ad conservalioiiem 


Fam. vii. 18. Hor. Art. 


9 sclieda. 


H..r, Ep. ii. l.JiO. 


et ornatum. 



412 



ROMAN ANTIQUITIES. 



to that part of the human body ; hence ad umbilicum adducere^ 
to bring to a conclusion, to finish ; ad iimbilicos pervenircy to 
come to the conclusion. Some suppose this ornament to have 
been placed in the middle of the roll,^ but others, at the end of 
the stick- on which the book was rolled, or rather at both ends, 
called coENUA ; hence we usually find umbilici in the plur. ; and 
in Statius,^ binis umbilicis decoraius liber. Umbilicus is also 
put for the centre of any thing-, as navel in English ; thus, 
Delphi umbilicus Grcecics, Delphi, the centre of Greece ; orbis 
terrarum ; '^ Cutilice lacus, in quo fiuctuet insula, Italide umbili- 
cus, the lake of Cutilia, in which an island floats, the centre of 
Italy ; and for a shell or pebble/ 

The Romans usually carried with them, wherever they went, 
small writing tables, called pugillares, vel -ia,^ by Homer, 
'7rtvctx,is\ hence said to have been in use before the time of the 
Trojan Avar, on which they marked down any thing that oc- 
curred, either with tiieir own hand, or by means of a slave, 
called, from his office, notarius, or tabellarius.' 

The pugillares were of an ob- 
long form, made of citron or box 
wood, or ivory, also of parchment, 
covered with coloured or white 
ivax,^ containing two leaves,^ 
three, four, five, or more,^'^ with a 
small margin raised all round. 
They wrote on them^^ with a 
stylus, hence ceris et stylo incum- 
bere, for in pugillaribus scribere, 
remittere stylum, to give over 
writing. ^^ 

As the Romans never wore a 
sword or dagger in the city, they often, upon a sudden provo- 
cation, used the cjraphium or stylus as a weapon,^^ which they 
carried in a case.** Hence probably the stiletto of the modern 
Italians. 

What a person Avrote with his own hand was called chirogra 
PHUs, vel -urn, which also signifies one's hand or hand-writing. 
Versus ipsius chirographo scripti, verses Avritten with his own 
hand ; chirographum alicujus imitai'i, to imitate the hand- 
writing of any one.*^ But chirographum commonly signifies a 




1 Hor.Ep xiv.S.Mart. 
iv. Ql.Schol. in Hor. 

2 bacillus vel surculus. 

3 Silv. iv. 9. S. Mart. 
i. 67. iii. 2 5, 6. viii. 
61. xi. 108. Ov. Trist. 
i. 1.8. Calul.xx. 7. 

4 Liv. XXXV. 18—41. 
;^2. xxxviii. 47. Cic. 
JJlv. ii.56. Ver. iv,4e. 



5 Plin. iii. 13. s. 17.Cic. 5. viii. 9. xiii. 11. Ep. 
Or. ii. 6. i. 6. Ov. I\let. ix. 520. 

6 quod lion majores 8 Ov. Am. i. 12. 7. 



erant quam qu<e pug- 
no, Tel pugillo coiii- 
prehenderentur, vel 
quod in iis stylo pun- 
gendo scribpbatnr. 
7 Horn. II. vL 16'J. Cic. 
P/iil. V. 4. Plin. iii. 



a aupuces, diTrf^^oi. 

10 Mart, xiv.3. 

11 exarabaiit. 

12 Plin. Ep. vii. 27. 

13 Piin. xxxiv. 14. s 
ofJ, .Supt. C«s. fc2. (. 
2S. Claud. 15. 35. Sc-i 



Clem. i. 14. 

14 theca calamaria, auS 
graphiaria, vel gr:iphi- 
arium, Mart. xiv. 21. 

15 Cii:. Fum. ii. 13. x. 
21. xii, l.xvi. 21. Alt, 
ii, 20. Nat. D. ii. 74. 
Phil. ii. 4. Suet. .Tul 
17 .^ui;. 64. 87. Nei; 
52. Tit. a. 



METHOD OF WRITING. 413 

bond or obligation, which a person wrote or subscribed with his 
own hand, and sealed with his ring.^ When the obligation was 
signed by both parties, and a copy of it kept by each, as be- 
tween an undertaker and his employer, &c., it was called syn- 
GRAPHA, -us, vel -um, which is also put for a passport or furlough.^ 

A place where paper and instruments for writing, or books, 
weie kept, was called scriniuhi vel capsa, an escritoir, a box or 
case (arcula vel loculus), commonly carried by a slave, who 
attended boys of rank to school, called capsarius, or librarius, 
together with the private instructor, p.edagogus ; "^ also for the 
most part of servile condition, distinguished from the public 
teacher, called pr.^geptor, doctor, vel magister,^ but not pro- 
perly DOMiNus, unless used as a title of civility, as it sometimes 
was, especially to a person whose name was unknown or forgot- 
ten, as Sir among us; thus, domina is used ironically for 
mistress or madam. Augustus would not allow himself to be 
called dominus, nor Tiberius,^ because that word properly signi- 
fies a master of slaves.'' An under teacher was called hypodi- 
dascalus.^ Boys of inferior rank carried their satchels and 
books themselves.'^ 

When a book was all written by an author's own hand, and 
not by that of a transcriber,^ it Avas called autoqraphuis, or 
idiographus}^ The memoirs which a person wrote concerning 
himself, or his actions, were called commentarii ; ^^ also put for 
any registers, memorials, or journals {diaria, ephemerides, acta 
diur/ia, ^c.y^ Memorandums of any thing, or extracts of a 
book, were called hypomnemata. Also commentarii elect.orum 
vel excerptorum, books of extracts or common-place books.^-^ 

When books were exposed to sale by booksellers/* they were 
covered with skins, smoothed Avith pumice-stone.^^ 

When a book was sent any where, the roll was tied Avith a 
thread, and wax put on the knot, and sealed ; hence signata 
volumina. The same was done with letters. The roll was 
usually wrapped round with coarser paper or parchment, ^"^ or 
with part of an old book, to which Horace is thought to allude, 
Ep. i. 20. 13. Hence the old scholiast on this place, J?e«^ ex te 
opistographa literarum, so called, because the inscription Avritten 
on the back showed to whom the letter or book Avas sent. 

Julius Caesar, in his letters to the senate, introduced the 

1 Jnv. xiii. 137. Suet. 4 Plaut. Bacch. 1, 2. tabulanique lacerto,— viii. II. Phil. i.l. Ver. 
Cal. 11. Pliii. Kp. iv. 13. Sen. with their satchels. uid v. 21. h\v. i. 31, &>. 

2 Asc. Ver. i. 36. Plaut, Ir. ii. 22. Paneg. 47- books of accounts hang- xlii. 6. Saet. Aug. U4. 
Asin. iv. 1. Cap. ii. 3. 5 Suet. Tib. 27. Aug.oS. ing on tlieir left arm, Plin. Kp. vi. 22. x. 9b. 
90. Claud. 21.Tac. Ann. ii. llor. Sat. i. 6. 71. lo Cic. A'.t. xvi. 14. 21. 

3 hor. Sat. i. 1. 121. 87. Sen.Kp.iii. 47.Ter. 9 manu libraril. Plin. Ep. iii. 5. 
iv. 22. X. 63. Juv. I. Heaut. iv. 1. 15. 10 Suet. Au-;. 71. 87. U bibliopoia;. 

117. Suet. Ner. 36. 6 qui domi praest vel Gell. ix. 14. 15 Hor. Ep.l. 20. Pin. 

Claud. 35 See cut imperat, Ter. Eun. iii. 11 Css. & Cic. Brut. xxxvi. 21. s. ^12. Catui. 

representing the form 2. 33. 75. Suet. Cais. 36. Tib. xx. 8. Titul. iii. 1. Ill, 

of the criniuni or cap- 7 Cic. Fan), ix. 18. 61. Iti Hor. Ep. i. 13. Cic, 

ta, p. 447. 6 Uevo suspensi loculos 1-' Cic. Fani. v, 12, f. Cat. iii. 5. Plin. xiii. H, 



444 ROMAN ANTIQUITIES. 

custom of dividing them into pages,^ and folding them inlo the 
form of a pocket-book or account-book/ with distinct pages, 
like our books ; whereas formerly, consuls and generals, when 
they wrote to the senate, used to continue the line quite across 
the sheet,^ without any distinction of pages, and roll them up in 
a volume.* Hence, after this, all applications or requests to the 
emperors, and messages from them to the senate, or public or- 
ders to the people, used to be written and folded in this form, 
called LiBELLi or codicilli,^ rarely used in the singular ; applied 
<-,hiefly to a person's last will,'' also to writing tables, tlie same 
>vith pugillares, or to letters written on them.^ 

A writ, conferring any exclusive right or privilege, w^as call- 
ed DIPLOMA, (i. e. libellus duplicatus, vel duo? urn foliorum, con- 
sisting of two leaves written on one side), granted by the em- 
peror, or any Roman magistrate, similar to what we call letters 
patent, i. e. open to the inspection of all, or a patent given par- 
ticularly to public couriers, or to those who wished to get the 
use of the public horses or carriages for despatch.^ 

Any writing, whether on paper, parchment, tablets, or what- 
ever materials, folded like our books, with a number of distinct 
leaves above one another, Avas called codex,^ particularly ac- 
count-books ; tabulcB vel codices, accepti et expensi, libri or li- 
belli. Thus, we say liber and volumen of the same thing, {liber 
grandi volumine)^^^ but not codex. Legere vel recitare suum co- 
dicem^ the crime of the tribune Cornelius, who read his OAvnlavv 
from a book in the assembly of the people, when the herald and 
secretary, whose office that was,^^ were liindered to do it by the 
intercession of another tribune.^- Hence, in aftertimes, codex 
was applied to any collection of laws.^-^ 

All kinds of writing are called liter.e, hence, quam vellem 
NEsciRE literas, I Avish I could not write. But litercB is most 
frequently applied to epistolary writings, (epistol/e vel chartcs 
epistolares,) used in this sense by the poets, also in the singular, 
so in a negative form ; ^* or for one's hand-writing ^* (manus), but, 
in prose, litera commonly signifies a letter of the alphabet. 

Kpistola was always sent to those who were absent ; godicilli 
and LiBKLLi were also given to those present.^^ 

The Romans, at least in the time of Cicero, divided their 
letters, if long, into pages, and folded them in the form of a 

1 paginae. 7 CIc. Phil. viii. 10. Q. 

2 libellus memorialis Fr. ii. 11. Fam.lv. 1:^. 
vei rationalis. vi. 18. ix. 26. SueU 

3 transversa charta. Claud. 5. Ner. 49. 

4 Suet. Cass. 56. 8 Cic. Fara. vi. 12, Att. 

5 Tac. Ann. xvi. 24. x. 17. Pis. 37. Sen. 
Suet. Au«. xlv 53. Ben. vii. 10. Suet. 
Tib. iviii. 66. xxii. 42. Aug. 50. Cal. 38. Ner. 
Claud. 15. 29. Ner. 15. 12. Olh. 7. Plin. iip. 
Dom. 17. Cal. 18. Mart, x. 51 55. \i\. 
viii. 31. 82. see p, 19. 9 quasi caudex, plurium 

C see p. 52. tabularum contextus, 



Sen. Brev. Vit. 13. 


Ver, i. 36. & passim. 
Suet, Ner. 10. Sen. 


Cic. Verr. i. 36. 46. & 


Asc. in loc. 


Clem. 1, Ov. Pont. i. 


10 Qell. xi.6. Cic.Ros. 


7. 9. ii. 7. iv. 8. Ep. 


Com. i. 2. Ver. ii. 61. 


xviii. 9. xix. fin. xxi. 


Quinct. ix. 4. f. 
11 see p. 75. 146. 


«"• 


15 manus,Cic.Att.vii.2. 


12 Asc. Corn. Cic. Vat. 


16 Cic. Q. Fr. i. 1. 13. 


2. Quinct. iv. 4, 


iii. 1. 3. Fam. i. 7. 


13 see p, 183. 


ii. 4. Tac. Ann. iv. 39. 


14 Cic, Att, xiii. 39, 


Sen. Ep. 55. Suet. 


Fam ii. 17. Arch. 8, 


Aug. 84. 



MRTHOD OF AVRITING. 445 

little book,^ tied them round with a thread,^ as anciently, cover- 
ed the knot with wax, or witli a kind of chalk (creta), and 
sealed it (obsignabant) , first wetting the ring with spittle, that 
the wax might not stick to it.^ Hence epistolam vel literas re- 
signare, aperire,ve\ solvere^ to open,* resolvere. If any small 
postscript remained after the page was completed, it Avas written 
crosswise ^ on the margin.^ 

In writing letters, the Romans always put their own name 
first, and then that of the person to whom they wrote, sometimes 
with the addition of suo, as a mark of familiarity or fondness ; 
if he was invested with an office, that likewise was added, but 
no epithets, as among us, unless to particular friends, whom 
they sometimes called humanissimi, optimi, dulcissimi, animoB 
SlUE, &c.^ 

They always annexed the letter s. for salutem, sc. dicit, 
wishes health, as the Greek y^cti^av, or the like ; hence salutem 
alicui mittere, multam vel plurimam dicere, adscribere^ dare, 
impertire, nuntiare, referred &c., as we express it, to send com- 
pliments, &c.^ 

They used anciently to begin with si vales, bene est vel 
GAUDEO, EGO VALEO, whicli they often marked with capital let- 
ters. They ended with vale,^ cura ut valeas ; sometimes ave 
or salve to a near relation, with this addition, mi anime, mi 
suAVissiME, &c. They never subscribed their name as we do, 
but sometimes added a prayer for the prosperity of the person 
to whom they wrote ; as, deos obsecro ut te conservent, 1 pray 
the gods that they preserve you, which was always done to the 
emperors, and called subscbiptio. The day of the month, some- 
times the hour, was annexed.^^ 

Letters were sent by a messenger, commonly a slave, called 
TABELLARius, for the Komans had no established post. There 
sometimes Avas an inscription on the outside of the letter, some- 
times not." When Decimus Brutus was besieged by Antony at 
Mutina, Hirtius and Octavius Avrote letters on thin plates of 
lead, which they sent to him by means of divers,^^ and so receiv- 
ed his answer. Appian mentions letters inscribed on leaden 
bullets, and thrown by a sling into a besieged city or camp.^^ 

Julius Ccesar, when he wrote to any one what he Avished to 
keep secret, ahvays made use of the fourth letter after that Avhich 
he ought to have used ; as d for a, e for b, &c. Augustus ^^ used 

1 Cic. Att. vi. 2. O. Plaut. Baccli.iv.4.64. 8 Plant. Pseud, i. 1. 39. 10 Suet. Aug. 50. Tib. 
Fr. L2, 3. Fam. ii.13, 96. Juv. i. 68. Ov. Her. xvi. 1. xviii. 21. 32. Dio. Ivii. 11. 
xi. 25. Sen. Ep. 45. 4 Nep. Hann. 11. Cic. 1. Cic. Fam. xiv. 1. 11 Cic. Plut. in Dione. 

2 lino obligabant, Cic. Att. xi. 9. Liv. xxvi. Att. xvi. 3. Hor. Ep. 12 urinatores. 

Cat. iii. 5. Ov. Ep. 15. i. 8. 13 Mithrid. p. 191. Dio. 

xviii. 28. 5 transversim. 9 Ov. Trist. v. 13. 33. xl. 9. xlvi. 36. li. 10. 

3 Ov. Trist.v.4,5.Am. 6 Cic. Att. v. 1. Sen. Ep. i. 15. Plin. Frontin. iii. 13. 7. 

ii. 15. 15. Nep. Pans. 7 Auson. Ep. 20. Mart. Ep. i. 11. Cic. Fam. v. 14 Snet. Aug. SS. Css. 

4. Curt. vii. 2. Cic. xiv. 11. Cic & Piin. 9, 10. xiv. 8. 11. Hirt. 56. Dio. xl. 11. li. 3. 

Flacc. 16. Ver. iv. 26. passim. B. Hisp. 26. Isld. 1. 2i. 

2 P 



416 ROMAN ANTIQUITIES. 

the letter following', as b for a, and c for b ; for z, aa. So that 
those only could understand the meaning, who were instructed 
in their method of Avriting.^ 

The Romans had slaves or freedmen who wrote their letters, 
called AB EPisTOLis, (a manu vel amanuenses), and accounts (a 
RATiONiBus, vel j'tttiocinafores,) also who wrote shorthand, (ac- 
TUARii vel notarii),^ as quickly as one could speak ; currant ver- 
ba licet, manus est velocior Hits, though words flow rapidly, 'the 
hand that writes them is more rapid still; on waxen tables, 
sometimes put for amanuenses who transcribed their books 
(librarii) ; who glued them (glutinatores,^ vulgarly called lib- 
Torum concinnatores vel comyaclores, (i)i(i\io'7rnyoi, bookbinders); 
polished them with pumice-stone,* anointed them with the juice 
of cedar ^ to preserve them from moths and rottenness,** (hence 
carmina cedro linenda, worthy of immortality,) ^ and marked 
the titles or index with vermilion,^ purple,^ red earth, or red 
ochre ; ^" who took care of their library (a bibliotheca), assisted 
them in their studies (a studiis) ; read to them, (anagnost-^:, 
sing, -es, lectores).^^ 

The freedmen, who acted in some of these capacities under 
the emperors, often acquired great wealth and power. Thus 
Narcissus, the secretary {ab epistolis vel secretisj of Claudius, 
Pallas, the comptroller of the household (a rationibus) , and the 
master of requests (a libellisY' 

The place where paper was made was called officina charta- 
ria ; where it was sold, taberna ; and so OFFiciNiE armorum, 
CYCLOPUM, workhouses, sapientl*:, omnium artium, eloquentice 
vel dicendi, schools. But officina and taberna are sometimes 
confounded.^^ A warehouse for paper, or books, or any mer- 
chandise, apotheca ; a bookseller s shop, taberna libraria, or 
simply libraria. Librarium, a chest for holding books. ^* 

The street, in Rome, where booksellers {bibliopolce) chiefly 
lived, was called argiletus, or that part of the Forum or street 
called Janus ; where was a temple or statue of the god Ver- 
tumnus.^^ 



1 Gell. xvii. 9. laevigabant, Ov. Trist. 9 coccus vel purpura, 13 Plin. x. 43. s. 60. 

2 Suet. Claud. 23. Caes. i. 1. 9. iii. 1. J3. Mart. ib. xviii. 10. Hor. Gd. i. 
74. Aug. 67. Vesp.Tit. 5 cedro illinebant. 10 rubrics, see p. 183. 4. 8. Cic. Pliil. vii. 4. 
i. 3. Jul. 55. Sen. Ep. 6 a tineis et carie, ib. 11 Cic. Fam. v. 9. xiii. Legg. i. 13. Or. la. 
90. Cic. Alt. i. 12. Plin. xiii. 12. Mart. iii. 77. Att. i. 12. Ni-p. Fin. v. 3. 

6 Mart xiv. 203. Aus. 2. v. 6. viii. 61. Att. 14. Suet. Cal. 28. 14 Oell. v. 4. Cic. Phil. 

Ep. 146. 17. Manil. iv. 7 Hor. Art. P. 332. Aug. 78. Plin. Ep. viii. ii. 9. Mil. 12. 

195. Plin. Ep. iii.S.ix, P^rs. i. 42. 1. 15 MarU i. 4. Hor. Ep. 

36. L,iv. xxxviii. 55. 8 niinium, v. cinnaba- 12 Suet. Claud. 28.Dom. i. aO. 1. 

Cic. Att. ix. 4. xii. 3. ris, Ov. ib. Plin. xxxiii. 14. Tac. Ann. xv. 35. 

4 pumice poliebant vel 7. xvi. 8. 



LIBRARIES. 



447 




LIBRARIES. 



A GREAT number of books, or the place where they were kept, 
was called bibliotheca, a library.^ 

The first famous library was collected by Ptolemy Philadel- 
phus at Alexandria, iu Egypt, B. C. 284., containing^ 700,000 
volumes ; the next by Attalus, or Eumenes, king of Pergamus.^ 

Adjoining to the Alexandrian library was a building called 
MUSEUM,^ for the accommodation of a college or society* of 
learned men, Avho Avere supported there at the public expense, 
■with a covered walk and seats ^ Avhere they might dispute. An 
additional museum was built there by Claudius. Museum is 
used by us for a repository of learned curiosities, as it seems to 
be by Pliny .^ 

A great part of the Alexandrian library was burnt by the 
flames of Cassar's fleet, when he set it on tire to save himself, 
but neither Caesar himself nor Hirtius mention this circumstance. 
It was again restored by Cleopatra, who, for that purpose, re- 
ceived from Antony the library of Pergamus, then consisting of 
200.000 volumes.' It was totally destroyed by the Saracens, 
A. D. 642. 

The first public library at Rome, and in the world as Pliny 
observes, was created by Asinius Pollio, in the atrium of the 
temple of liberty on mount Aventine.^ 

Augustus founded a Greek and Latin library in the temple 
of Apollo on the Palatine hill, and another in the name of his 
sister Octavia, adjoining to the theatre of Marcellus.^ 



^*^i Above is the cylin- 
drical box, called scri- 
nium and capsn, or dip. 
sula, in which the ma- 
nuscripts were placed 
vertically, the titles at 
the lop Catullus ex- 
cuses himself to Man- 
lius for not having 
sent him the required 
verses, because he had 
wiJh him ( nly one box 
of his bouks. It is 



evident that a great 
number of volumes 
mit;ht be comprised in 
this way within a 
small space-, and this 
may tend to explain 
the smallness of the 
ancii-nt libraries, at 
least of the rooms 
which are considered 
to have been such. Be- 
side the box are two 
tablets, which, from 

•2 p 



the money-bag and 
coins scattered about, 
had probably been 
used in reckoning ac- 
counts. 

1 Festus. 

2 Gcll. vi. 17.Plin.xiii, 
12. 

3 i. e. domicilium, spe- 
cus vel templum mu- 
sis dicamm, Plin. Er, 
i. 9. 

4 avyo6oi. 



5 exedrae. 

6 xxvii. 2. s. 6. Strab. 
17. Suet. Claud. 4'2. 

7 Plut. in Caes. & Anto. 
Dio. 42. 38. 

8 Plin. vii. 30. rxxv. 2. 
Ov. Trist. iii. 1. 71. 
Mart. xii. 3. 5. 

9 Suet. 29. Dio. liii. 1. 
Plut. in Marcell. Gv. 
Trist. iii. 1. 60. 69. 



448 ROMAN ANTIQUITIES. 

There were several other libraries at Rome ; in the Capitol, 
in the temple of Peace, in the house of Tiberius, &c. But the 
chief was the Ulpian library, instituted by Trajan, which 
Dioclesian annexed as an ornament to his thernKE.^ Blany 
private persons had good libraries, particularly in their country 
villas.^ 

Libraries were adorned with statues and pictures, particularly 
of ingenious and learned men, the AvaUs and roof with glasses.-^ 
The books were put in presses or cases (armaria vel caps^e) 
along- the walls, which were sometimes numbered, called also 
FORULi, LOCULAMENTA, NIDI,* but these are supposed by some to 
denote the lesser divisions of the cases. 

The keeper of a library was called a bibliotheca ; hibliotheca- 
rius is used only by later writers. 

HOUSES OF THE ROMANS. 

The houses of the Romans are supposed at first to have been 
nothing else but cottages {cascB vel tuguria,) thatched with straw, 
hence culmen, the roof of a house ( quod culmis tegebatur).^ 

After the city Avas burnt by the Gauls, it Avas rebuilt in a 
more solid and commodious manner ; but the haste in building 
prevented attention to the regularity of the streets.^ 

The houses were reared every where without distinction,' or 
regard to property,^ Avhere every one built in what part he 
chose, and till the war with Pyrrhus, the houses were covered 
only with shingles, or thin boards, (scandul.e vel scindul(By 

It was in the time of Augustus that Rome was first adorned 
with magnificent buildings ; hence that emperor used to boast, 
that he had found it of brick, but should leave it of marble.''' 
The streets, however, still Avere narrow and ii-regular, and pri- 
vate houses not only incommodious, but even dangerous, from 
their height, and being mostly built of Avood. Scalis habito 
tribus, sed altis, three stories high." 

In the time of Nero, the city Avas set on fire, and more than 
tAvo thirds of it burnt to the ground. Of fourteen vrards '- into 
Avhich Rome Avas divided, only four remained entire. Nero 
himself Avas thought to have been the author of this conflagra- 
tion. He beheld it from the tower of Maecenas ; and delighted, 

1 Suet. Dom. 20. Qell. Boeth.C msol.Juv.ii.T. 8 omisso sui alienlque among its inhabitants, 
xi. 17. xiii. 18. Vojjisc. 4 Vopisc. Tac. 8. Suet. discrimine, adeo ut for- Liv. lb. 

in Prob. 2. Aug. 31. Juv. iii. 219. ma urbis esset occupa- 9 i. e. tabellse, in par- 

2 Cic. Fam. vii. 28. Q. Sen. Tranq. 9. Mart. i. tse magis, quam divisaj vas laminas sciss^e, 
Fr. iii. 4. Att. iv. lU. 118. similis,— all regard to Plin. xvi. 10. S. 15. 
Fin. iii. 2.Plut. Lucul. 9 Ov. Am. ii. 9, 18. distinction of property 10 marmoream se re- 
Sen. Tranq. 9. Hor. Serv. Virg. tcl. i. ti, being set aside, it was linqiiere, quatn lateri- 
Od. i. 29. 13. Mart. vii. /En. viii. 654. more like a city talien tram accepisset, buet. 
16. Plin. Ep. ii. 17. 6 Liv. v. 55. Diod. xiv, possession of just as Aug. 29. 

3 Suet. Tib. 70. Plin. 116. each of the inhabitants 11 Suet. Ner. 38. Tac. 
xxxvo 2. xxxvi. 25. Ep. 7 nulla distinctione pas- could obtain a house Ann. xv. 38. .luv. iii. 
iii. 7. iv. 28. Sen. Ep. sim precta;, Tac. Ann. for himself, than acity 133. M.irl. i. 118. 

8ti. Slat. Silv. i. 5. 42. xv. 13, regularly distiibuted Ii r.-gioues. 



HOUSES OF THE ROMANS. 449 

as he said, with the beauty of the flame, played the taking of 
Troy, dressed like an actor.^ 

The city was rebuilt with greater regularity and splendour. 
The streets Avere made straight and broader ; the areas of 
the houses were measured out, and their height restricted to 
70 feet, as under Augustus.^ Each house had a portico before 
it, fronting the street, and did not communicate with any other 
by a common wall, as formerly. It behoved a certain part of 
every house to be built of Gabian or Alban stone, which was 
proof against fire."^ These regulations were subservient to orna- 
ment as well as utility. Some, however, thought that the former 
narrowness of the street, and height of the houses, were more 
conducive to health, as preventing by their shade the excessive 
heat.* 

Buildings in which several families lived, were called insula ; 
houses in Avhich one family lived, domus vel ^des privat^.^ 
We know little of the form either of the outside or inside of 
Koman houses, as no models of them remain. The small 
houses dug out of the ruins of Pompeii bear little or no resem- 
blance to the houses of opulent Roman citizens. The principal 
parts v.ere, 

1. Vestibulum, which Avas not properly a part of the house, 
but an empty space before the gate, through Avhich there Avas 
an access to it.*" The vestibule of the golden palace ^ of Nero 
Avas so large that it contained three porticos, a mile long each, 
and a pond like a sea, surrounded Avith buildings like a city.** 
Here was also a colossus of himself, or statue of enormous 
magnitude, 120 feet high.^ 

2. Jakua, ostium vel fores, the gate (porta muromm et castro- 
rum ; JANUA parietis et domorum), made of various kinds of 
Avood, cedar, or cypress, elm, oak, &c. ; sometimes of iron, or 
brass, and especially in temples, of ivory and gold.^" The gate 
Avas commonly raised above the ground, so that they had to 
ascend to it by steps. The pillars at the sides of the gates, 
projecting a little Avithout the Avail, Avere called ant.^, and the 
ornaments affixed to them, wrought in AVood or stone, antepag- 
menta.^^ When the gate Avas opened among the Romans, the 
folds (vALV-i)) ^ bent inwards, unless it Avas granted to any one 
by a special law to open his door outwards; as to P. Valerius 
Poplicola, and his brother, who had twice conquered the 
Sabines;^^ after the manner of the Athenians, Avhose doors 
opened to the street ; ^* and w^hen any one went out, he always 

1 Tac. Ann. XV. 39, 40. Tac. Ann. vi. 45. xv. 10 Virg. G. ii. 442.0v. 12 quod inlus revolvau- 
44. .Suet. Ner. 38. 41. see p. 45, 46. Met. iv. 487. Am. ii. tur. 

2 Strab. v. p. 162. 6 9ell. xvi. 5 Cic. Caec. 1. 25. Plaut. Pers. iv. 13 utdomus'eorum fores 

3 ignibus impervius, 12. Plaut. Most. iii. 130. 4. 21. ( ic. A^eir. iv. 56. extra aperirentur. Pliii. 
Tac. .\nn, XV. 53. 7 aurea doinus. Plin. viii. 10. xxxiv. 3. xxxvi. i5. 

4'l;ic. ihid. 8 Suet. Ner. aO. 11 AHrg. .En. ii. 492. 14 in publicum. 

■a Suet. Ner. 16. 3S, 41. 9 see p. 283. Sen. Ep. 84. Feslus. 

2p3 



450 ROMAN ANTIQUITIES. 

made a noise, by striking- the door on the inside, to give warn- 
ing- to those without to keep at a distance. Hence crepuit 
FORis, concrepuit a Glycerio ostium, the door of Glyceriura hath 
creaked, i. e. is about to be opened.^ This the Greeks called 
•^^otpsi'j $v^ot,v ; knocking from without, kottthv, pulsare vei 
pultai'e. 

A slave watched ^ at the gate as porter (janitor), hence called 
osTiARius, PUER AB JANUA, claustritumus f usually in chains,* 
(which when emancipated he consecrated to the lares, or to 
Saturn),^ armed with a staff or rod,** and attended by a dog, 
likewise chained. On the porter's cell was sometimes this 
inscription, cave canem.' Dogs were also employed to guard 
the temples, and because they failed to give warning when the 
Gauls attacked the Capitol, a certain number of them were 
annually carried through the city, and then impaled on a cross.^ 
Females also were sometimes set to watch the door (janitrices), 
usually old women.^ 

On festivals, at the birth of a child, or the like, the gates 
were adorned with green branches, flowers, and lamps, as the 
windows of the Jews at iiome were on sabbaths.^" Before the 
gate of Augustus, by a decree of the senate, were set up 
branches of laurel, as being the perpetual conqueror of his 
enemies; hence laureat.e fores, laurigeri penates.^^ So a 
crown of oak was suspended on the top of his house as being 
the preserver of his citizens, Avhich honour Tiberius refused. 
The laurel branches seem to have been set up on each side of 
the gate, in the vestibule ; and the civic crown to have been 
suspended from above between them : hence Ovid says of the 
laurel, rnediamque tuehere quercmn}' 

The door, \vhen shut, was secured by bars {obices, claustra, 
repagula^ vectes), iron bolts {pessuli), chains,^^ locks (serce), and 
keys (claves) : hence obdere pessulum foribus, to bolt the door ; 
ocdudere ostium pessulis, with two bolts, one below, and another 
above ; uncinum immittere^ to fix the bolt Avith a hook ; obserure 
fores vel ostium, to lock the door ; ^^ seram ponere, apposita 
janua fulto. sera, locked ; reserare, to open, to unlock ; ^^ excutere 
poste serum. It appears, that the locks of the ancients were not 
tixed to -the panels (impages) of the doors with nails like ours, 
but were taken off when the door was opened, as our padlocks ; 
hence etjaceat tacita lapsa catena sera}*^ 



1 Ter. And. iv. 1. 59. 


6 arundo velvirga,Sen. 


55. 


Met. i. 563. Suet. Tib. 


Hec. iv. 1. 6. Plaut 


Const. 1*4. 


10 Juv. ix. 84. xii. 91. 


26. Juv. vi. 346 


Amph. i. 2. 31. 


7 beware of the dog. 


Sen. 95. Peis. v. 180. 


13 Juv. iii. 304. 


2 servabat. 


—Suet. Vit. 16. Sen. 


11 Ov. Trist. Hi. 1. 3!). 


11 Ter. Heaut. il. 3. 37. 


3 Ov. Fast. i. 138. Nep. 


Ira, iii. 37. Petro.i. 29. 


Plin. XV. 30. s. 39. 


Eun. iv. 6. 'ib. Plaut. 


Han. 12. Gell. xii. 10. 


PJaut. Most lii.2. 162. 


Sen. Polyb. 35. Mart. 


Aul. i. 2. 25. Juv. vi. 


4 catenatus, Columel. 


8 Cic. Se.vt. Rose. 20. 


viii. 1. 


346. 


Tjrsef. 10. Ov. Am. i. 


Arnob. vi. Liv. v. 47. 


12 and thou shalt be 


15 Ov. Art. A. ii. 2-14. 


ti. 1. 25. 


Plin.xxiK.4. 


the guardian of the 


Met. X. 384. Am. i. 0. 


5 H.,r. i. 5. 65. Mart. 


9 Plaut. Cure. i. 1. 76. 


oaken crown tliat 


24. 




Tibul. i. 7. 67. Petroii. 


hangs in tlie midiile,— 


lij Prop. iv. li. 26. 



SPIKNING AND WEAVING. 



451 




Key 

Knockers {marculi v. mallei) were fixed to the doors, or bells 
(tintinnabula) huno- up, as among us.^ 

The porter usually asked those who knocked at the gate, who 
they were. He admitted or excluded such as his master 
directed. Sometimes he was ordered to deny his master's being 
at home.^ Besides the janitor, the emperors and great men had 
persons who watched or kept guard in the vestibule (excubIxE 
vel custodia),^ to which Virgil alludes, ^n. vi. 555, 574. 

A door in the back part of the house was called posticum, vel 
posticum ostium, or pseudothtrum, v. -on; that in the fore-part, 

ANTICUM.^ 

3. The janua, or principal gate, was the entrance to the 
ATRIUM, or AULA, the court or hall, which appears to have been 
a large oblong square, surrounded Avith covered or arched 
galleries.^ Three sides of the atrium were supported on pillars, 
in later times, of marble. The side opposite to the gate was 
called TABLiNUiw ; and the other two sides, ale. The tablinum 
was filled with books, and the records of what any one had 
done in his magistracy.'' In the atrium, the nuptial couch was 
erected.^ The mistress of the family, with her maid-servants, 
wrought at spinning and weaving,^ 

The ancient Romans used every method to encourage domes- 
tic industry in women. Spinning and weaving constituted 
their chief employment. To this the rites of marriage directed 



♦*^, The above articles Sen. Ep. 47, Mart. ii. 

were found in Pompeii. 5. v. 23. Ov. Art. Am. 

1 isuet Aug. 91. Sen. ii 521. 

Ira, iii. 35. Dio. liv. 4. 3 Tac. Ann. xv. 52. 

2 Cic. Phil, ii 31. Or. 4 Plant. Stich. iii. 1. 
ii. 68. Suet. Olti. 3. 40. Hor. lip. i, 5. '6\. 



Cic. Verr. ii. 20. Red. 

Sen. 6. Fesfus. 
5 porticus tectae vel la- 

queatK, Auson. Eidyl. 

X. 49. 
Piiii. xvii. 1. xxxvi.2, 



3. Vitruv. vi. 4. Plin. 
xrxv. 2. 

7 see p. 405. 

8 Cic. JVIil. 5. Nep. 
Prsef. in medio fediura, 
i. e. in alrio, Liv. i,S7. 



452 ROMAN ANTIQUITIES. 

their attention.^ Hence the frequent allusions to it in the poets,^ 
and the atrium seems to have been the place appropriated for 
their working,^ that their industry might be conspicuous : hence 
the qualities of a good wife ; * probitas, forma, fides, jama 
pudicitice, lamfic(Bque manusJ' But in aftertimes, women of rank 
and fortune became so luxurious and indolent, that they thought 
this attention below them.'' On this account, slaves only were 
employed in spinning and weaving (textores et textrices, 
lanifici et -(b), and a particular place appropriated to them, 
where they wrought (textrina vel -um). Thus Verres appoint- 
ed in Sicily, Cic. Verr. iv. 26. 

The principal matiufacture was of wool ; for although there 
were tliose who made linen, linteones,^ and a robe of linen ^ 
seems to have been highly valued,^ yet it was not much worn. 
The principal parts of the woollen manufacture are described 
by Ovid, Met. vi, 53 ; dressing the wool ; picking or teasing, 
combing, and carding it;^" spinning ^^ with a distatf (colus) and 
spindle (fusus) ; winding or forming the thread into clues ;^^ 
and dying.^"* The wool seeujs to have been sometimes put up in 
round balls ^* before it was spun.^^ Wool, when new cut ^^ with 
its natural moisture, Avas called succida,^^ so mulier mccido^ 
plump. It used to be anointed with wine or oil, or swine's 
grease, to prepare it for being dyed.^^ 

The loora,^'^ or at least that part to which the web was tied, 
was called jugum, a cylinder or round beam across two other 
beams, in this form, IT, resembling the jugum ignominiosum^ 
under which vanquished enemies were made to pass.'^" 

The threads or thrums which tied the web to the jugum were 
called LiciA ; the threads extended longwise, and alternately 
raised and depressed, stamen, the warp,-^ because the ancients 
stood when they wove, placing the web perpendicularly (whence 
radio stantis, i. e. pendentis, percurrens stamina telae)^^ and 
wrought upwards,^'^ which method was dropped, except by the 
linen-weavers (linteones), and in weaving the tunica recta. 

The threads inserted into the Avarp were called subtemen, the 
woof or Aveft,'"'* some read subtegmen, but improperly : the in- 
strument which separated the threads oftheAvarp, arundo, the 
reed ; Avhich inserted the Avoof into the warp, radius, the shuttle ; 
Avhich fixed it when inserted, pegten, the lay, vel spatha.^* 

1 see p. 406. curam suscipere di!;- 12 glomerare. 19 machina in qua tela 

2 Virg. Ma. viii. 408. nentur, Columel. xii. 13 tingere, fucare, fuco texitur. 

ix. 488. prooein. 9. medicare. 20 Festus, Liv. iii. 28. 

3 ex vetere more in 7 Plaut. Aul. iii. 5. 38. 14 glomerari in orbes. 21 a stando. 

atrio telce texebanlur, Serv. /En. vii. 14. 15 Ov. ib. 19. Hor. Kp. 22 Ov. Met. iv. 275. 

Asc. Cic. Mil. 5. 8 veslis lintea. i. 13, 14. 23 in altitudinem, vel 

4 morigerae uxoris. 9 Cic. Ver. v. 56. 16 recens tonsa. sursuin versum, Fest. 
6 Alison. Parent, iii. 3. 10 lanain carnere, pec- 17 a succo, Varr. 24 quasi subteximen vel 

xvi.3. tere vel penlinare, car- 18 Plaut. Mil. iii. 1. substamen. 

6 nunc plersqiie sic minare, &c. 193. Juv. v. 24.- Pliti. 25 O v. Met. vi. 53. Sen. 

liixuet inertia defluunt, 1 1 nere, poet, ducere viii. 48 xxix. 2, Varr. Kp. 91. 

ut ne lonilicii quidem vel tialiere. K. R. ii. 11. 



SPINNING AND WEAVING. 453 

When the web Avas woven upright, a thin piece of wood, like o 
'sword, seems to have been used for this purpose ; as in the 
weaving- of arras, of Turkey cai-peting, &c., in which alone 
the upright mode of working is now retained, the weft is driven 
up with an instrument somewhat like a hand with the lingers 
stretched out, made of lead or iron. It is doubtful Avhether the 
ancients made use of the reed and lay for driving up the weft, 
as the moderns do. The principal part of the machinery of a 
loom, vulgarly called the caam or hiddles, composed of eyed or 
hooked threads, through which the warp passes, and Avhich, 
being alternately raised and depressed by the motion of the 
feet on the treadles, raises or depresses the warp, and makes 
the shed for transmitting the shuttle with the weft, or some- 
thing similar, seems also to have been called licia ; hence licia 
tel(B addere, to prepare the web for Aveaving, to begin to Aveave.^ 

When figures Avere to be woven on cloth, several threads of 
the Avarp of different colours Avere alternately raised and de- 
pressed ; and in like manner, the AAOof Avas inserted. If, for 
instance, three rows of threads {tria licia) of different colours 
were raised or inserted together, the cloth Avas called trilix, 
Avrought Avith a triple tissue or Avarp, Avhich admitted the raising 
of threads of any particular colour or quality at pleasure ; so 
also BiLix. Hence the art of mixing colours or gold and silver 
in cloth ; thus, fart picturatas auri subtemine vestes, figured Avith 
a Aveft of gold. The AAarp Avas also called trama : hence trama 
figur(B, skin and bones, like a thread-bare coat ; but Servius 
makes trama the same Avith suhtemenP" 

The art of embroidering cloth Avith needle-AAork ^ is said to 
have been first invented by the Phrygians ; Avhence such vests 
Avere called phryqionie ; * — the interweaving of gold,^ by king 
Attalus ; Avhence vestes attalici: ; ^ — the interweaving of differ- 
ent colours^ by the Babylonians; hangings and furniture of 
Avhich kinds of cloth for a dining-room^ cost Nero £32,281 : 
] 3 : 4, quadragies sestertio ; and even in the time of Cato cost 
800,000 sestertii;^ — the raising of several threads at once,^" by 
the people of Alexandria in Egypt, Avhich produced a cloth 
similar to the Babylonian, called polymita,^^ AATought, as Aveavers 
say, Avith a many-leaved caam or comb. The art of mixing- 
silver in cloth ^- Avas not invented till under the Greek emperors, 
Avhen clothes of that kind of stuff" came to be much used under 
the name of vestimenta syrmatina.^'^ 

From the operation of spinning and Aveaving, filum, a thread, 
is often put for a style or manner of Avriting, and ducere or 

1 Vivg. G. i. 285. 4 Plin. viii. 48. s. T'l- ca. 12 argentum in fila de- 

k: \''irg. ^n. iii. 467. 5 aurum intexere. 9 Flin. ib. ducere, et filis argen- 

'183. V. 259. vii. 639. 6 ib. & Prop, iii. 18,19. 10 plurimis liciistexere. teis vestimenU con- 

xii.375. Sen, Ep. t(l. 7 colores diversos pic- 11 ex ttoXwj, multus, et texere. 

P«rs. VI. 73. ttirje intexere. a"toj, filum, ib. Mart. 13 Salmas. ad Vopisci 

8 .".cu pingnre. 8 iricliniaria Babyloni- r.iv. 150. Isid. xix. 22. Aureliuu. 46. 



454- KOMAN ANTIQUITIES. 

DEDucERE, to AVTite Or compose ; ^ thus, tenui deduct a poemata 
filo, i. e. subtiliore stylo scripta, poems spun out in a fine thread ; 
so deductum dicere carmen, to sing a pastoral poem, written in a 
simple or bumble style; also texere, and subtexere, to sub- 
join.2 

In the atrium anciently the family used to sup, where like- 
wise was the kitchen (culina).^ In the atrium, the nobility 
placed the images of their ancestors,^ the clients used to wait 
on their patrons, and received the sportula.^ The atrium was 
also adorned with pictures, statues, plate, &c., and the place 
where these were kept was called pinacotheca.^ 

In later times, the atrium seems to have been divided into 
different parts, separated from one another by hangings or 
veils,^ into which persons were admitted, according to their 
different degrees of favour, whence they were called amici 
ADMissiONis primcB, secundae, vel tertice ; which distinction is 
said to have been first made by C. Gracchus and Livius Drusus. 
Hence those who admitted pei'sons into the presence of the 
emperor, were called ex officio admissiones, vel admissionales,^ 
and the chief of then), magister admissionum, master of ceremo- 
nies, usually freed-men, who used to be very insolent under 
weak or wicked princes, and even to take money for admission, 
but not so under good princes.'' 

There was likewise an atrium in temples ; thus, atrium Liber- 
tatis, atrium publicum in Capitolio. In the hall there was a 
hearth (focus), on which a fire was kept always burning near 
the gate, under the charge of the janitor, around it the images 
of the lares were placed; whence lar is put iorfocus?^ 

The ancients had not chimneys for conveying the smoke 
through the walls as we have ; hence they were much infested 
with it, hence also the images in the hall are called fumos.e, 
and December fumosus, from the use of fires in that month.^^ 
They burnt Avood, which they were at great pains to dry, and 
anoint with the lees of oil (amurca), to prevent smoke,*- hence 
called ligna acapna,*^ vel cocta, v\q jfumum facient}^ 

The Romans used portable furnaces ^^ for carrying embers and 
burning coals ^^ to warm the different apartments of a house, 
which seem to have been placed in the middle of the room.*^ 
In the time of Seneca, a method was contrived of conveying 

1 Cic. Lasl. 7. Or. ii.22. 4 see p. 25. 47. Sen. Const. Sap. fumus, Mart. xiii. 15. 
iii. 26. Fam. ix. 12. 5 Hor. ib. i. 5. 31. Juv. 14. 14 Ulp. Leg?, iii. I. 53. 
Gell.xx.a. Juv.vii.74. vii. 71. see p. 3^7. 10 Cic. Mil. 22. Li v. Gaio R. R. c. 133. 

2 Hor. Ep. ii. 1. 225. 6 Plin. xxxv. 2, Petron. xxiv. 10. xxxv. 7. Tac. 15 camiiii portatilcs, 
Virg. Eel. vi. 5. Ov. 29.83. His.i.31.0v.Fast.i.l35 fomaces, vel culae, fo- 
Tiist. i. 10. 18. Ep. 7 vela. 11 Hor. Sat. i. 5. 81. culi, ignitabula vel se.s- 
xvii. 88. Pont. i. 5. 7. 8 Sen. Ben. vi. 33, 34. Vitruv. vii. 3. Juv. charae. 

13. Cic. Fam. ix. 21. Clem. i. lU. Suet. viii. 8 Cic. Pis. 1. 16 prunes vel carbones 

O. Fratr. iii. 5. TibulL Vesp. 11. Laanprid. in Mart. v. 31. 5. igniti. 

iv. L211. Alex. 4. 12 H(.r. Od. i. 9. 5. iii. 17 Cat. R. Rust, 18. 

3 Sery. Virj. jEn. i. 9 Vopisc. Aurelian. 12. 17. ll. xv. 8. Suet. Tib. 74. ViL 8. 
'/26. iii. 353. I'lii:. xxxiii. 3. Pan. 13 ex a priv. et xawvoi^ Colum. xi. 1. 



HOUSES OF THE ROMANS. 455 

heat from a furnace below, by means of tuoes or canals affixed 
to the walls,^ which warmed the rooms more equally.^ 

4. An open place in the centre of the house, Avhere the rain 
water fell, and which admitted light from above, was called im- 
PLuviuM, or compluvium, also cav^edium, or cavum (Bdium^ com- 
monly uncovered ; * if not, from its arched roof, called testudo.^ 
Vitruvius directs, that it should not be more than the third, nor 
less than the fourth part of the breadth of the atrium. The 
slave who had the charge of the atrium, and what it contained, 
was called atriensis. He held the first rank among his fellow- 
slaves, and exercised authority over them.^ 

5. The sleeping apartments in a house Avere called cubicula 
dormito7'ia \el nocturna, noctis, et somni; for there were also 
cubicula diurna, for reposing in the day-time. Each of these 
had commonly an ante-chamber adjoining, (proc(f,tum vel pro- 
cestrium)J 'i'here were also in bed-chambers places for holding 
books, inserted in the walls.^ 

Any room or apartment in the inner part of the house, under 
lock and key, as we say, Avas called conclave, vel -ium^ put also 
for the TRICLINIUM.^" Among the Greeks, the women had a 
separate apartment from the men, called gyn^eceum.^^ 

The slaves who took care of the bed-chamber were called 
cuBicuLARii, or cubiculares, the chief of them, propositus cubi- 
cuLo, vel decurio cubiculariorum. They were usually in great 
favour with their masters, and introduced such as Avanted to see 
them.^^ For the emperors often gave audience in their bed- 
chamber ; the doers of Avhich had hangings or curtains suspend- 
ed before them,^^ which were di-aAvn up ^* Avhen any one entered. 

The eating apartments were called ccenationes, coenacula, vel 
tricliniaP A parlour for supping or sitting in Avas called diota, 
sometimes several apartments joined together Avere called by 
that name, or zeta ; and a small apartment, or alcoA'e, Avhich 
might be joined to the px'incipal apartment, or separated from 
it at pleasure, by means of curtains and AvindoAvs, zotheca, vel 
-cula.^^ Di.ETA, in the civil law, is often put for a pleasure- 
house, in a garden : and by Cicero, for diet, or a certain mode 
of living, for the cure of a disease, Att. iv. 3. It is sometimes 
confounded Avith cubiculum}'' An apartment for basking in the 
sun Avas called solarium,^^ Avhich Nei'o appointed to be made on 

1 per tubos parietibus 7 Plin. Ep. i. 3. ii. 17. Kun. iii. 5. 35. Suet Claud. 10. 
impressos. v. 6. 10 Cic. Verr, iv. 26. 14 levabantur, Sen. Ep. 

2 Sen. Ep. 90. Prov. 4. 8 armaria parieti inser- Or. ii. 86. Quinct. ix. 81. 

3 Festus. Varr. L. L. ta. Id. ii. 17. 2. Hor. Sat. ii. 6. 113. 15 see p. 372. 

iv. 33. Asc. Cic. Verr. 9 Ter. Heaut. v. 1. 29. 11 ywa.Keloi., Cic. PhiL 16 Plin. Ep. ii. 17. v. 6. 

i. 23. Liv. xliii. 15. a con et clavis, quod ii. 37. Ter. Phorm. v. Suet. Claud, 10. 

Plin. Ep. ii. 17. una clavi clauditur, 5. 22. 17 Plin. Ep. ii. 17- vi. 

subdivale. Festus; vel quod in- 12 Suet. Tib. 21. Ner. 16. 

5 A^arr. ibid. tra eum locum Joca 38. Dom. 16, 17, Cic. 18 Plant. Mil. ii. 4. 25. 

6 Vitruv. vi, 4. Pftion. multa et cubicula clau- Att. vi. 14. Suet Claud. 10. 
25, Cic. Top. 5. Plant. sa sunt, adha;rentia 13 foribus praetenta ve- 

Asiii. ii. 3. 80. 1. 18. tjijlinio, Donut. Ter. la, Tac. Ann. xjii. 5, 



45G ROMAN ANTIQUITIES, 

the portico before the house, or heliocaminus.^ The apartments 
of a house were variously constructed, and arranged at different 
times, and according- to the different taste of individuals. 

The Roman liouses were covered with tiles ^ of a considerable 
breadth t hence bricks and tiles are mentioned in Vitruvius and 
ancient monuments two feet broad ; ^ and a garret^ covered by 
one tile. When war was declared against Antony, the senators 
were taxed at 4 oboli, or 10 asses, for every tile on their houses, 
whether their own property or hired/ In Nonius Marcellus 
we read, in singulas tegulas impositis sexcentis sexcenties confici 
posse, c. iv. 93. But here, sexcentis is supposed to be by mistake 
for sex nummis, or singulas tegulas to be put up for singula tecta, 
each roof. The roofs ^ of the Roman houses seem to have been 
generally of an angular form, like ours, the top or highest part 
of which was called fastigium, hence op er i fasti gium imponere, to 
finish; put also for the whole roof,^ but particularly for a certain 
part on the top of the front of temples, where inscriptions were 
made, and statues erected. Hence it was decreed by the senate, 
that Julius Caesar might add vl fastigium to the front of his 
house, and adorn it in the same manner as a temple, which, 
the night before he was slain, his wife Calpurnia dreamt had 
fallen down.^ 

From the sloping of the sides of the roof of a house, fastigium 
IS put for any declivity ; hence cloacce fastigio ductee, sloping. 
Fastigiatus, bending or sloping,^ and from its proper significa- 
tion, viz., the summit or top, it is put for dignity or rank ; thus, 
curatio altior fastigio suo, a charge superior to his rank, pari 
fastigio stetit, with equal dignity ; in consulare fastigium provec- 
tus^ to the honour of consul, or for any head of discourse ; sum- 
ma sequar fastigia renim, 1 will recount the chief circumstances, 
also for depth, as altitudo}^ The centre of the inner part of a 
round roof of a temple, where the beams joined, was called 
tholus, the front of which, or the space above the door, was 
also called fastigium. But any round roof was called tholus, 
as that of Vesta, resembling the concave hemisphere of thesky.^^ 
Whence Dio says, that the Pantheon of Agrippa had its name, 
because, from the roundness of its figure {^ohonhg ov), it re- 
sembled heaven, the abode of the gods, liii. 27. From the 
tholus offerings consecrated to the gods, as spoils taken in war, 
&c. used to be suspended, or fixed to the fastigium, and on the 
top of the tholus, on the outside, statues were sometimes 
placed. ^- 

Suet. Jul. 81. Plut. Veil. ii. 69. 

Caes. p. 738. 11 Serv. Virg. JEn. ir. 

9 Liv. i. 38. Caes B. C. 480. Ov. Fast. vi. 2Sv!. 
i. 4£. ii. 24. B. G. ii. 8. 296. Mart. ii. 59. Vilr. 

10 Serv. Virg. G. ii. i. 7- 5, 
2SS. Mn. i. 316. Liv. 12 Virg, ib. Mart. i. 71. 
ii. 27. Nep. ixv. 14. 10. 



1 Suet, Ner. 16. P 


in.ib. 


7 Fest. 


Virg 


. iEn. i. 


2 teguliE. 




442. ii 


458._ 


758. CIc. 


3 bipedales. 




Off. ii 




ii.!46. Q. 


4 coenaculum. 


Suef. 


Fr. iii. 


'l.4. 




Gram. 11. 




S Plin. 


XXXV. 


12. s. 45. 


5 Dio. xlvi. 3) 




xxxvi. 


5. Par 


. 54. Cic. 


6 tecta. 




Phil, i- 


. 43. Flor. iv. 2. 



HOUSES OF THE ROMANS. 4o7 

The ancient Romans had only openings ^ in the walls to ad- 
mit the light, FENESTRA, windows (from cpxivo), ostendo ; hence 
oculi et aures sunt quasi fenestrcB animi,)^ covered Avith two fold- 
ing leaves ^ of wood, and sometimes a curtain, hence said to be 
joined, when shut, cubiculum ne diem quidem sentit, nisi apertis 
fenestris,^ sometimes covered with a net/ occasionally shaded by 
curtains.^ 

Under the first emperors, windows were contrived of a cer- 
tain transparent stone, called lapis specularis, found first in 
8pain, and afterwards in Cyprus, Cappadocia, Sicily, and 
Africa, Avhich might be split into thin leaves ^ like slate, but 
not above five feet long each.^ What this stone was is uncer- 
tain. Windows, however, of that kind (specularia) were used 
only in the principal apartments of great houses, in gardens, 
called PERSPicuA geivima, in porticos,^ in sedans,^" or the like. 
Paper, linen cloth, and horn, seem likewise to have been used 
for windows ; hence corneum specular.^^ 

The Romans did not use glass for windows, although they 
used it for other purposes, particularly for mirrors {specula), 
nor is it yet universally used in Italy, on account of the heat. 
Glass was first invented in Phoenicia accidentally, by mariners 
burning nitre on the sand of the sea-shore. ^^ Glass windows 
(vitrea specularia) are not mentioned till about the middle of 
the fourth century by Hieronymus (St Jerome), ^"^ first used in 
England, A. D. 1177 ; first made there, 1558 ; but plate glass for 
coaches and looking glasses not till 1673. 

The Romans, in later times, adorned the pavements of their 
houses Avith small pieces ^* of marble, of different colours, 
curiously joined together, called pavimenta sectilia, vel emble- 
MATA vermiculata, or with small pebbles, {calculi vel lesser (B, s. 
-ul(B), dyed in various colours ; hence called pavimenta tessel- 
LATA,^^ used likewise, and most frequently, in ceilings,^'' in after- 
times called opus museum vel musivum, mosaic woi*k, probably 
because first used in caves or grottos consecrated to the muses 
{inusea). The walls also used to be covered with crusts of 
laarble.^^ 

Ceilings were often adorned with ivory, and fretted or 
formed into raised work and hollows.^^ Laquearia vel lacuna- 
RiA, from lacus or lacuna, the hollow interstice between the 
beams,^^gilt'" and painted. Nero made the ceiling of his dining 

1 foramina. 6 obductis velis, Plin. iv. 13. Plin. xv. 16. ib. Luc. x. 114. 

2 Cic. lusc. 1. 20. £p. vii. 21. xix. 5. Ep. ii. 17. Mart. 17 Plin. xxxvi. B. 21. s. 

3 biiOres valvse. 7 finditur in quamlibet viii. 14. C8. _ 42. 

4 Ov. Pont. iii. 5. Am. tenues crustas. — It ap- 10 lecticic, Juv. iv. 21. 18 laqneata tecta, Cic. 
i. 5. 3. Juv. ix. 105. pears that this stone U TertuUian. Anim. 5;i. Le^g. ii. 1. 

Hor. Od, i. 25. Plin. is nothing else tnan 12 Plin. xxxvi. '26. s. 63. 19 Serv. Virg. Mn. 1. 

ii. 17. ix. 36. the talc of Muscovy, 13 ad Ezech. xl. 16. 726. 

5 fenestras reticulataene — French Trans. 14 crustae, vel -a. 20 aurea, lb. & Hor. 
quod animal maleticum 8 Sen. Ep. 90. Plin. 15 Suet. Odes. 46. >.9o- Od. ii. 18. inaurata, 
introire queat, Varr. xxxvi. 22. s. 45. arpwra, Varr. Plin. xxxiii. 3, 

R. R. iii. 7. 9 Sen. Ep. 86. Nat. O. 16 Cic. Or. iii. 43. Suet. 

2e 



45S 



ROMAN ANTIQUITIES. 



room to shift, and exhibit new appearances, as the dilferiiU 
courses or dishes were removed.^ 

VILLAS AND GARDENS OF THE ROMANS. 

The magnificence of the Romans was chiefly conspicuous in 
their country villas.^ 

Villa originally denoted a farm-house and its appurtenances, 
or the accommodations requisite for a husbandman ; '^ hence tiie 
overseer of a farm was called villicus, and his wife * villica. 
But Avhen luxury was introduced, the name of villa was applied 




LAMPS. 

No articles of ancient maniific. 
tiire are more common than 
lamps. They are found in every 
rarlety of form and size, in clay 
and in metal, from the most 
cheap to the most costly descrip- 
tion. We have the testimony of 
the celebrated antiquary, Win- 
kelniann, to the interest of tliis 
subject: — "1 place amon;g; the 
most curious utensils found at 
Herculaneum, the lamps, in 
which the ancients sought to 
display elegance, and even mag- 
iiiticence. Lamps of every sort 



will be found in the museum at 
Porlici, both in clay and bronze, 
but especially the latter; and 
as the ornaments of the ancients 
have generally some reference to 
some particular things, we often 
meet with rather remarkable 
subjects." A considerable num- 
ber of these articles will be 
found in the British museum, 
but these are chiefly of the com- 
moner sort. All the works, 
however, descriptive of Hercu- 
laneum and Pompeii, present us 
with specimens of the richer and 
more remarkable class, which 
attract admiration both by the 



beauty of the workmanship ar.d 
the whimsical variety of tlieir 
designs. But beautiful as these 
lamps are, the light which they 
gave nmst liave been weak and 
unsteady, and little superior to 
that of common street lamps, 
with which indeed they are iden- 
tical in principle. Tiie wick 
was merely a few twisted threads 
drawn through a hole in the up- 
per surface "of the oil-vessel; 
and there was no glass to steady 
the light and prevent its varying 
with every breeze that blew. 
1 hrcc of difl'erent shapes, are re- 
presented above. 



1 Plin. XXXV. 11. s. 40. 2 Cic. Lesg. iii. 13. 
Sen. Ep.90. Suet. Ner. 3 quasi vella, quo frii 
ai. tus vehebant, et ui 



de vehebant, cum ven- 
derentur Var. R. R. 
i. 2. 14. 



4 uxor liberi, et cnntu- 
beroulis servi. 



VILLAS AND GARDENS. 459 

to a number of buildings reared for accommodating- the family 
of an opulent Roman citizen in the country ; ^ hence some of 
them are said to have been built in the manner of cities.^ 

A villa of this kind was divided into three pans, urbana, 
RUSTiCA, and fructuaria. The first contained dining-rooms, 
parlours, bed-chambers, baths, tennis-courts, walks, terraces, "* 
&c., adapted to the different seasons of the year. The villa 
rustica contained accommodations for the various tribes of slaves 
and workmen, stables, &c., and the fructuaria^ wine and oil- 
cellars, corn-yards,* barns, granaries, storehouses, repositories 
for preserving fruits,^ &c. Cato and Varro include both the 
last parts under the name of villa rustica. But the name of 
villa is often applied to the first alone, without the other 
two, and called by Vitruvius pseudo-urbana ; by others pr.e- 

TORIUM.^ 

In every villa there commonly was a tower; in the upper 
part of which was a supping-room,^ Avhere the guests, while 
reclining at table, might enjoy at the same time a pleasant 
prospect.^ 

Adjoining to the villa rustica, were places for keeping hens, 
gallinarium ; geese, chenoboscium ; ducks and Avild fowl, nesso- 
TROPHiuM ; birds, ornithon vel aviarium ; dormice, glirarium ; 
swine, suile, &c. stabulum, et harcB, hogsties ; hares, rabbits, 
&c., LEPORARiuM, a warren ; bees, apiarium ; and even snails, 

COCHLEARE, &C. 

There was a large park, of fifty acres or more,^ for deer and 
wild beasts, theriotrophium vel vivarium, but the last word is 
applied also to a fish-pond (piscina), or an oyster-bed,^'^ or any 
place where live animals were kept for pleasure or profit : hence 
in vivaria mittere, i. e. lactare, muneribus et observantia ornni 
alicujus hcereditatem captare, to court one for his money ; ad 
vivaria currunt, to good quarters, to a place where plenty of 
spoil is to be had." 

The Romans were uncommonly fond of gardens (hortus vel 
ORTus),^^ as, indeed, all the ancients were ; hence the fabulous 
gardens and golden apples of the hesperides, of Adonis and 
Alcinous,^^ the hanging gardens " of Semiramis, or of Cyrus at 
Babylon, the gardens of Epicurus, put for his gymnasium, or 
school. In the laws of the Twelve Tables villa is not mention- 
ed, but hortus in place of it.'^^ The husbandmen called a garden 
altera succidia, a second dessert, or flitch of bacon,^^ which was 

1 Cic. Rose. Com. 12. 3 xysti. 8 Plin. Ep. ii. 17. ii. 87. Ov. Am. i. 111. 

a in urbium modum ex- 4 foenilia et pa'eariu 9 Trajja^stros- 56. Pont. \v. 2. 10. 
aedificats.. Sail. Cat. 5 oporothecae.,Gulumel. 10 Gell. li. 20. Plin. ix. Stat. Silv. i, 3. 81. 
I'i. ffidificia privata, L 6, 2. 54. Juv. iv. 51. 14 uensiles hoi ti. 
laxitalein urbium mag- 6 Cat. R. R. iii. 1. ix. 11 Hor. Ep. i. 1. 79. 15 Plin. xix. 4. CicAtt. 
iJiirum vincentia, Sen. 1. Var. xiii. 6. Pallad. Juv. iii. 308. rii. 23. Fin. v. 3. 
Sen. vii. 10. Ep. 90. 1. 8. Suet. Aug. 72. 12 ubi arbures et olera 16 perna, petaso velI;l^• 
I^or. Od. ii. 15. iii. 1. Cal. 37. Tit. 8. oriiintur. dum. 
33. 7 ccenatio. 13 Virg. .En. iv. 484. G. 

2q2 



460 ROMAN ANTIQUITIES. 

always I'eady to be cut,^ or a sallad^^ and judged there must be 
a bad housewife {nequam mater familias^ fox this was her charge) 
in that house where the g-arden was in bad order.^ Even in 
the city, the common people used to have representations of 
g^ardens in their windows.^ 

In ancient times, the g-arden was chiefly stored with fruit- 
trees and pot-herbs/ hence called hortus pinguis, the kitchen- 
garden, and noble families were denominated not only from the 
cultivation of certain kinds of pulse {legumina), Fabii, Lentuli, 
Pisones, &c., but also of lettuce, Laclucini.^ But in after-times 
the chief attention was paid to the rearing- of shady trees,' 
aromatic plants, flowers, and evergreens; as the myrtle, ivy, 
laurel, boxwood, &c. These, for the sake of ornament, Avere 
twisted and cut into various figures by slaves trained for that 
purpose, called topiarii, who were said topiariam, sc. artem 

FACERE, Vel opus TOPIARIUM.^ 

(hardens Avere adorned with the most beautiful statues. Here 
the Komans, when they chose it, lived in retirement, and enter- 
tained their friends.** 

The Romans were particularly careful to have their gardens 
well watered (rigui vel irrigui) ; and for that purpose, if there 
was no Avater in the ground, it was conveyed in pipes.^" These 
aqueducts (^ductus aquai'iim) were sometimes so large, that they 
went by the name of nili and euripi.^^ 

The gardens at Rome most frequently mentioned by the 
classics, were, horti c.i£saris ; luculli ; martialis ; neronis ; 
POMPEII :^'^ SALusTii, V. -lANi, the property first of Sallust the 
historian, then of his grand-nephew and adopted son, afterwards 
of the emperors ; senec.e ; tarquinii superbi, the most ancient 
in the city.^"^ Adjoining to the garden were beautiful walks 
(ambulacra, vel -tiones), shaded with trees, and a place for 
exercise (palcBstra). Trees were often reared with great care 
round houses in the city, and statues placed among them.'* 

AGRICULTURE OF THE ROMANS. 

The ancient Romans were so devoted to agriculture, that their 
most illustrious commanders were sometimes called from tiie 
plough ; thus, Cincinnatus. The senators commonly resided 
in the country, and cultivated the ground Avith their own hands,^^ 

1 Cic. Sen. 16. Ep.U.IT.Virg.G.iv.llS. nales, v?l fistulas I. 37 xiv. 3. xv. 44. 

2 acetaria, -orum, faoilia 7 Hor. OA. ii. IK -^Z. aquarias, Plin. Ep. v. 13 Tac. Ann. iii. SO.xiii. 
coDCoqul nee oneratu- 15. 4. Ov. Nux, 29. 6. per tubos plunibeos, 47. Hist. iii. 82. xiv. 
ra sensura cibo, Plin. 8 Plin. xv. 30. Ep. iiu vel ligneos, Plin. xvi. 52,'Juv. x. 16. Liv. i. 
xix. 4. s. 19. 19. Cic. g. Fr. iii. 1,2. 42. s. 81. vel fictiles, 54. Ov. Fast. ii. 703. 

3 indiligens hortus, i. e. 9 Cic. Dom. 43. Att. seu testaceos, xxxi. 6. 14 Cic.'Legg, ii. 2. Ver. 
indiligenter cultus. xii. 40. Plin. Ep. viii. s. 31. i. 19. Gell. i, 2. Hor. 

4 Plin. ib. 18. f. Suet. Claud. 5. 11 Cic. Legg. ii. 1. Ep. i. 10, 22. Tibul.iii. 

5 ex horto e.iim plebei Tac. Ann, xvL34. Sen. 12 Hor, Sat. i. 9. 18. 3. 15. 

i-acelluni, ib. Ep. 21. Mart. iv. 64. Suet. 83. Cic. Phil. ii. 15 Liv. iii. 26. Cic. Ros, 

6 Plin. xix. 4. e. 19. ?. 10 inducebatur per ca- 29. Tuc. Aiu iv.64. xi. Am. 18. see p. 6, 7. 



AGRICULTURE. 461 

and the noblest families derived their surnames from cultivating 
particular kinds of grain ; as the fabii, pisones, lentuli, cice- 
RONEs, &c. To be a good husbandman was accounted the 
highest praise (bonus colonus vel agricola, Avas equivalent to vir 
BONUS ; LocuPLEs, rich, q. loci^ hoc est, agri plenus : pecuniosus, 
n pecorum copia; so assiduus, ab asse dando) ; and whoever 
neglected his ground, or cultivated it improperly, was liable to 
the animadversions of the censors.^ 

At first no citizen had more ground than he could cultivate 
himself. Romulus allotted to each only two acres, called h^re- 
DiuM (quod hdsredem sequerentur), and sors, or cespes fortuitus^^ 
which must have been cultivated with the spade. A hundred of 
these sortes or hceredia was called centuaria ; hence in nuUam 
sortem honorum nahis, i. e. partem hcereditatis, to no share of 
his grandfather's fortune. After the expulsion of the kings, 
seven acres were granted to each citizen,^ which continued for 
a long time to be the usual portion assigned them in the division 
of conquered lands. L. Quinctius Cincinnatus, Curius Denta- 
tus, Fabricius, Regulus, &c. had no more, Cincinnatus had 
only four acres according to Columella and Pliny.* 

Those whom proprietors employed to take care of those 
grounds which they kept in their own hands, were called 
viLLici,* and were usually of servile condition. Those who 
cultivated the public grounds of the Roman people, and paid 
tithes for them, Avere also called aratores, whether Roman 
citizens, or natives of the provinces {provinciales) , and their 
farms arationes.^ But when riches increased, and the estates 
of individuals were enlarged, opulent proprietors let part of 
their grounds to other citizens, who paid a certain rent for them, 
as our farmers or tenants, and were properly called coloni, 
CONDUCTORES, Or PARTiARii, bccauso usually they shared the 
produce of the ground with the proprietor. It appears that the 
Romans generally gave leases only for five years {singulis lustris 
prcBdia locasse)J Agricola Avas a general name, including not 
only those Avho ploughed the ground,^ but also those Avho reared 
vines {vinitores), or trees (arboratores), and shepherds {pastures). 

At first, the stock on the farm seems to have belonged to the 
proprietor, and the farmer received a certain share of the 
produce for his labour. A farmer of this kind Avas called 
poLiTOR vel polintor, the dresser of the land, or partiarius ; 
Avhich name is also applied to a shephord, or to any one Avho 
shared Avith another the fruits of his industry. Such farmers 
are only mentioned by Cato, who calls those Avho farmed their 

1 Plin. xviii. 1. 3. Cato, Od. ii. 15. 17. Festus. 5 Hor, J'p. i. 14. Cic. ix. 37. x. 24. C^ius, 1. 
R. K. Pr. 2. Qiiiiict. V. 3 Columel. i. 5. Liv. i. Ver. iii 53. At. xiv. 17. 25. s. 6. ft'. Locati. 

10. Ov. Fast. V. 280. 34. Plin. xviii. 3. 6 Cic. '^ err. iii. 20. 27. 8 aratores, qui terram 

Geil. X. 5. Festus. 4 Plin.xviii.3. Columel. 53. Phil. ii. 37. arant, vel ipsi sua ma- 

2 Vurr. R. R. i. 10. Praef. &. i. 3. Liv. v. 7 Cic. Caec. 32. Oolum. nu vel per alios, Cic. 
Plin. xviii. U. Hor. 30. \'al. Max. iv. 3— 7. i. 7. Plin. Ep. vii. JO. Verr. v. 38. 

2q3 



462 ROMAN \UTIQUITIKS. 

own grounds, coloni. But this word is commonly used in the 
same general sense with agricolae : non dominuSj sed colonus} 
In Columella, colonus vaeaws the same with the farmer or tenant 
among us, Avho was always of a free condition, and distinguished 
from viLLicus, a bailiff or overseer of a farm, a steward, who 
was usually a slave or freed-raan. So also shepherds. When a 
free-born citizen was employed as an overseer, he was called 
PROCURATOR, and those who acted under him, agtores.^ The 
persons employed in rustic work, under the farmer or bailiftj 
were either slaves or hirelings ; in later times chiefly the 
former, and many of them chained.^ The younger Pliny had 
none such.* 

The Romans were very attentive to every part of husbandry, 
as appears from the writers on that subject, Cato, Yarro, Virgil, 
Pliny, Columella, Palladius, &c. Soils were chiefly of six 
kinds ; fat and lean (pingne vel macrum), free and stiff {solutum 
vel spissum, varum vel densum), wet and dry {Jiumidum vel 
siccum), which were adapted to produce different crops. The 
free soil was most proper for vines, and the stiff for corn.^ The 
qualities ascribed to the best soil are, that it is of a blackish 
colour,*" glutinous when wet, and easily crumbled when dry ; has 
an agreeable smell, and a certain sweetness ; imbibes water, 
retains a proper quantity, and discharges a superfluity ; when 
ploughed, exhales mists and flying smoke, not hurting the 
plough-irons with salt rust ; the ploughman followed by rooks, 
crows, &c., and, when at rest, carries a thick grassy turf. Land 
for sowing was called arvum (ab arando), anciently arvus, sc. 
ager ; ground for pasture, pascuum, v. -us, sc. ager." 

The Romans used various kinds of manure to improve the 
soil, particularly dung (fimus vel stercus), which they were at 
great pains to collect and prepare, in dunghills {sterquilinia vel 
fimeta) constructed in a particular manner. They sometimes 
sowed pigeons' dung, or the like, on the fields like seed, and 
mixed it Avith the earth by sarcling or by Aveeding- hooks 
(sarcula).^ When dung Avas Avanting, they mixed earths of 
different qualities ; they soAved lupines, and ploughed them down 
for manure {stercorandi agri cattsa). Beans Avere used by the 
Greeks for this purpose." 

The Romans also, for manure, burned on the ground the 
stubble {stipulam urebant), shrubs (fruteta), twigs and small 
branches {virgas et sarrnenta). They Avere Avell acquainted 
Avith lime {calx), but do not seem to have used it for manure, at 
least till late. Pliny mentions the use of it for that purpose in 

1 Virg. Eel. ix. 4. Sen. Or. i. 58. Ver. iii. 50. 229. R. R. i. 29. 

Ep. 88. 3 see p. 32. Plin. xviii. 6 terra nigra vel puUa, 8 Col. i. 6. ii. 16. Plin. 

2 Plin. Ep. iii. 19. Hor. 4. Mart. ix. 23. Ov. Virg. G. ii. ii03. xvii. 9. xxiv. 19. 

Kp. i. 14. Colum. i. 7. Pont. i. 6. 31. 7 Plaut. True. 1, 2. 47. 9 Theophrnst. viii. 9. 

Virg.Ecl.i.28. 41.Gic. 4 Ep. iii. 19. Virg.G. ii.203.217.'238. Var. R. i. 23. 

Ca.-c. 'M. Att. xiv. 17. 5 CoL iir i. AHrg. G. ii, 318. Plin, xvii. 5. Var. 



IJRICULTLRK. 



463 



Gaul, and hence probably it was tried in Italy. He also men- 
tions the use of marl (marga) of various kinds, both in Britain 
and Gaul, and likewise in Greece, called there leucargillon, but 
not found in Italy.^ 

To carry off the water,^ drains (I^"CILIA xoifossde inciles) were 
made, both covered and open {c(EC(B et patentes\ according- to 
the nature of the soil, and water-furrows {sulci aquarii vel elices,y 
The instruments used in tillage were, 

Aratrum, the plough, concerning the form of which authors 
are not agreed. Its chief parts were, temo, the beam, to which 
the jugum, or yoke, was fastened ; stiva, the plough-tail or 
handle, on the end of which was a cross bar [transversa regula, 
called 5IANICULA vel capulus), which the ploughman {arator v. 
hubulcus) took hold of, and by it directed the plough ; vomer, 
vel -is, the plough-share ; buris, a crooked piece of wood, 
which went between the beam and the plough-share ; hence 
aratrum curvum,^ represented by Virgil as the principal part of 
the plough, to which there seems to be nothing exactly similar 
in modern ploughs ; to it was fitted the dentale, the share- 
beam, a piece of timber on which the share was fixed, called by 
Virgil, duplici dentalia do? so, i. e. lata ; and by Varro, dens. 
To the buris were also fixed two aures, supposed to have served 




in place of what we call mould-boards, or earth-boards, by 
Avhich the furrow is enlarged, and the earth thrown back 
{regeritur) ; culter, much the same as our coulter ; ralla, or 
rulla, vel -mwi, the plough-staff, used for cleaning the plough- 
share.^ 

The Romans had ploughs of various kinds ; some with wheels, 
earth-boards, and coulters, others without them, &c. The com- 
mon plough had neither coulter nor earth-boards. 

The other instruments were, ligo, or pala, a spade, used 
chiefly in the garden and vineyard, but anciently also in corn 
fields ; '' RASTRUM, a rake ; sarculuai, a sarcle, a hoe, or weeding- 
hook ; BiDENs, a kind of hoe or drag, with two hooked iron 
teeth for breaking the clods, and drawing up the earth around 

1 Virg. G. i. 84. Plin. nimlam deducendarn. ii. 2. 8. Plin. xviii. 6. 5 Piin. xviiu IS, 19. 
xvii. 5. 8. xviii. 6. 25. 3 quod und;im cUciuut, 4 Ov. Ponf. i. 8,5?. 6 Liv. iii. 26. Hor. Od. 

2 ad aqiiam vel uligin^im Virg. Q. i, 109. Cul. Viig. G. i. 170. iii. G. oj. Lp- '• 1^' -' 



464 



ROMAN ANTIQUITIES. 




the plants ; occa vel crates dentata, a harrow ; irpex, a plank 
with several teeth, drawn by oxen as a wain, to pull roots out 
of the earth ; mark a, a mattock, or 
hand hoe, for cutting out weeds ; * 
dolabra, an addice, or adz, with 
its edge athwart the handle ; secu- 
Ris, an axe, with its edge parallel 
to the handle, sometimes joined in 
one, hence called securis dolabra- 
TA ; used not only in vineyards, 
but in corn fields, for cutting- roots 
of trees, &c. The part of the 
pruning-knife (falx), made in the 
form of the half formed moon {semi- 
formis lunce), Avas also called securis.'^ 

The Romans always ploughed with oxen, usually with a 
single pair {singulis Jugis vel paribus), often more, sometimes 
with three in one yoke. What a yoke of oxen could plough in 
one day, was called jugum vel jugerum.^ Oxen, while young-, 
^\ere trained to the plough with great care.^ The same person 
managed the plough, and drove the cattle ^ with a stick, sharpen- 
ed at the end, called stimulus {ksvt^ou), a goad. They were 
usually yoked by the neck, sometimes by the horns. The 
common length of a furrow made without turning, was 120 feet, 
lience called actus, which squared and doubled in length, made 
a JUGERUM ;** used likewise as a measure among the Hebrews.^ 
The oxen were allowed to rest a little at each turning,^ and not 
at any other time.'-^ 

When, in ploughing, the ground was raised in the form of 
a ridge, it was called porca, or lira.*" But Festus makes porc.'e 
to be also the furrows on each side of the ridge for carrying off 
the water, properly called gollice. Hence lirare, to cover 
the seed when sown by the plough, by fixing boards to the 
plough-share, when those side furrows Avere made. These 
ridges are also called sulci ; for sulcus denotes not only the 
trench made by the plough, but the earth thrown up by it.** 

The Romans, indeed, seem never to have ploughed in ridges 
unless when they sowed. They did not go round when they 
came to the end of the field as our ploughmen do, but returned 
in the same track. They were at great pains to make straight 
furrows, and of equal breadth. The ploughman who went 

1 Virg. G. i. 91. n. 4U0. 1. 20. Col. vi. 2. tus est, i. e. cum sul- ii. 2. 

Ov. Am. i. 13. 15. Juv. 5 recior,PIin.Ep.viii.l7. cus ad finem perductus 10 i. e. intei duos sulcos 

iii. 311. Plin. xviii. 18. 6 Plin. viii. 45. xviii. 3. est. terra elata vel emi- 

Var. L, L. iv. 31. CoL ii. 2. v. 1. 5. Var. 9 neo strigare in actu nens. Varr. R. R. i. 

2 Col. ii. 2. iv. 25. ^ i. 10. spiritus, 1. e. nee inter- 29. Fest. in Iraporci- 

3 Cic. Verr. iii. 2I.C0I. 7 1 Sam. xiv. 14. quiescre in ducendo tor. Col. ii. 4. 

vi. 2. 10. Plin. xviii. 3. 8 Col. ii. 2. cum ad sulco, Plin. xviii. 19. 11 Virg. G. i. 113. Plin. 
IS. Var. R. R. i. 10. versuram ventum est, nee in media parte ver- xviii. 19, 20. s. 49. Col. 

1 Viri;, G, iii. 163. Vi:r. vel ctira versus peric- surx coiisistere, Col. ii. 4. Var. i. '.'9. 



AGRICULTURE. 465 

crooked, was said delirare, (i. e. de lira decedere ; hence, a 
recto et cequo, et a communi sensu recedere, to dote, to have tiie 
intellect impaired by age or passion,) and pr-evaricari, to pre- 
varicate ; whence this word was transferred to express a crime 
injudicial proceedings.^ 

To break and divide the soil, the furrows were made so 
narrow, that it could not be known where the plough had gone, 
especially when a field had been frequently ploughed. This 
was occasioned by the particular form of the Roman plough, 
Avhich, when held upright, only stirred the ground, without 
turning it aside. The places where the ground was left un- 
moved (crudum et immotum), were called scamna, balks.^ 

The Romans commonly cultivated their ground and left it 
fallow alternately {altemis^ sc annis),^ as is still done in Switzer- 
land, and some provinces of France. They are supposed to 
have been led to this from an opinion, that the earth was in 
some measure exhausted by carrying a crop, and needed a 
year's rest to enable it to produce another ; or from the culture 
of olive trees, Avliich were sometimes planted in corn fields, and 
bore fruit only once in two years.* 

A field sown every year was called restibilis ; after a year's 
rest or longer, novalis,/«w. vel novale, or vervactum.^ When 
a field, after being long uncultivated (j'udus vel cj'udus), was 
ploughed for the first time, it was said proscindi ; the second 
time iterari vel offringi, because then the clods were broken by 
ploughing across, and then harrowing ; the third time, tertiari, 
lirari vel in liram redigi ; because then the seed was sown. 
But four or five ploughings were given to stiff land, sometimes 
nine,'' To express this, they said tertio, quarto, quinto sulco 
severe, for ier, quater, quinquies arare. One day's ploughing, 
or one yoking, was called, una opera ; ten, decern operceJ 
Fallow ground Avas usually plouglied in the spring and 
autumn ; dry and rich land in Avinter ; Avet and stiff ground 
chiefly in summer ; hence that is called the best land,^ bis qu-e 
soLEM, BIS frigora sensit, i. 6. Ms pcT cBstatem, bis per hiemem 
arata, which has twice felt the cold and twice the heat Thus 
also seges is used for ager or terra. Locus ubi prima paretur 
arboribus seges, i. e. seminarium, a nursery, but commonly for 
sata, growing corn, or the like, a crop ; as seges lini, a crop or 
flax ; or metaphorically, for a multitude of things of the same 
kind ; thus seges virorum, a crop of men ; seges telorum, a crop 
of darts ; seges glori(e, a field, or harvest of glory.^ 

The depth of the furrow in the first ploughing^" Avas usually 

1 Hor.Ep. i. 2.14.Cic. 55. Plin. xv. 3. A'irg. G. i. 47. Ov. Met. iii. 110. Cic 
Or. ii. 18. Piin. xviii. 5 Plin. xviii. 19. s. 49. 7 Col. ii. 4. Tusc. ii. 5. Mil. 13. 
19. s. 49. see p. 218. quod vere semel ara- 8 optima seges. 10 cum sulcus altius im 

2 il). & Col. ii. 2. turn est. 9 Plin. xviii. 20. Virg. primeretur. 

3 Virg. G. i. 71. 6 Fest. Plin. xviii. 20. G. i. 48. 77. ii 142.206. 

4 Goi. V. 7-9. Varr. i. Ep. v. 6. Var. i. 29. iv. 129. Mn. iii. 46. 



46G ROMAN ANTIQUITIES. 

three fourths of a foot, or nine inches (^sulcus dodrantalis).' 
Pliny calls ploughing four fingers or three inches deep, scari- 
FiCATio.^ The seed was sown from a basket (satoria, sc. corbis, 
trimodia, containing three pecks). It was scattered by the 
hand, and, that it might be done equally, the hand always 
moved with the step, as with us.^ 

The Romans either sowed above furrow {in lira), or under 
furrow {sub sulco), commonly in the latter Avay. The seed was 
sown on a plain surface, and then ploughed, so that it rose 
ill rows, and admitted the operation of hoeing. It Avas some- 
times covered Avith rakes and harrows {I'astris vel crate 
dentata)^ 

The principal seed time,^ especially for wheat and barley, 
Avas from the autumnal equinox to the Avinter solstice, and in 
spring as soon as the Aveather Avould permit.'' 

The Romans Avere attentive not only to the proper seasons 
for sowing, but also to the choice of seed, and to adapt the 
quantity and kind of seed to the nature of the soil.^ Wlien the 
growing corns (s6(jetes vel sata, -orum) Avere too luxuriant, 
they were pastured upon.^ To destroy the Aveeds, tAvo metiiods 
Avere used ; sarculatio a el sarritio, hoeing ; and runcatio, 
Aveeding-, pulling the Aveeds Avith the hand, or cutting them Avith 
a hook. t5ometimes the growing corns Avere watered.^ 

In some countries, lands are said to have been of surprising 
fertility,^" yielding a hundred fold,^^ sometimes more ; as in 
Palestine; in Syria and Africa; in Hispania Bcetica, and 
Egypt, the Leontine plains of Sicily, around Babylon, &c. ;^'^ 
but in Italy, in general, only ten after one,^^ as in Sicily,^* 
sometimes not above four.^^ 

The grain chiefly cultivated by the Romans, Avas wheat of 
different kinds, and called by different names, triticu.ai, siligo, 
robus, also far, or ador, far adoreum vel semen adoreurn, or 
simply adoreum; Avhence adorea. Avarlike praise or glory. 
Adoiea aliquem afficere, i, e. gloria, or victory, because a certain 
quantity of corn (ador) used to be given as a reward to the 
soldiers after a victory.^'' No kind of Avheat among us exactly 
answers the description of the Roman far. What resembles it 
most, is Avhat we call spelt. Far is put for all kinds of corn, 
whence farina, meal ; farina silignea vel triticea^ simila, vel 
similago, jios siliginis, pollen tritici, flour. Cum fueris nostr(B 

1 Plin. xviii. 19. 5 tempus sati\iim, sa- 9 rigahantur, Virg. G. ciebat, efferebat, v. 

2 lb. 17. tenui sulco tionis, v. seminationis, i. lOti. fundebat; decimo cum 
jiare, ib. 18. tenuisus- vel sementum faciendi. 10 sata cum multo foe- foenore reddebat, Var. 
penderesulco,— to turn 6 Virg. G. i. 208. Col. nore reddebunt, Ov. i, 44. 

it up lightly with a ii. 8. Var. i. 34. Pout. i. 5. 26. 14 Cic. Verr. ilL 47. 

small furrow, Virg. G. 7 Virg. G. i. 1S)3. Var. 11 ex uuo centum. 15 frumenta cum quarto 

i. fJ8. i. 41. Plin. xviiu 21. s. 12 Gen. xxvi. \i. Varr. respondebaiit, Col. iii. 

3 Col. ii. 9. Cic. Sen. 55. i. 44. P.in. xviii, 10. 16 Plaut. Amph. i, 1. 3S. 
15. Pin. xviii. 2i. 8 depascebantur, A''iig. 17- v. 2. 10. Hor. Gd. iv, 

4 Plin. xviii. 20. G. i. 93. 13 ager cum decimo effi- 3. 41. Win. xviii. .•?■ 



AGRICULTUKE. 467 

paulo ante farincB, i. e. generis vel gregis, since you ^vere, but a 
little ago, unquestionably a person of our class.^ 

Barley, hordeum, vel ordeum^ was not so much cultivated by 
the Romans as wheat. It was the food of horses,^ sometimes 
used for bread ; ^ g-iven to soldiers, by way of punishment, in- 
stead of wheat. In France and Spain, also in Pannonia, 
especially before the introduction of vineyards, it was converted 
into ale, as among us, called cmlia or ceria in Spain, and 
cervisia in France ;* the froth or foam of which ^ was used for 
barm or yeast in baking-,^ to make the bread lighter, and by 
women for improving their skin.^ 

Oats, AVENA, were cultivated chiefly as food for horses ; some- 
times also made into bread (panis avenaceus). Avena is put 
for a degenerate grain ,^ or for oats which grow wild.^ As the 
rustics used to play on an oaten stalk, hence avena is put for a 
pipe {tibia \e\ fistula)}^^ So also calamus^ stipula^ arundo, ebur. 
Flax or lint (linum) was used chiefly for sails and cordage for 
ships, likeAvise for wearing apparel, particularly by the nations 
of Gaul, and those beyond the Rhine, sometimes made of 
surprising firmness. The rearing of flax was thought hurtful to 
land. Virgil joins it with oats and poppy.^^ 

Willows (sALiCEs) were cultivated for binding the vines to the 
trees that supported them ; for hedges, and for making baskets. 
They grew (Aiefly in moist ground : hence udum salictum. So 
the osier, siler ; and broom, genista}^ 

Various kinds of pulse {legumina) were cultivated by the 
Romans ; faba, the bean ; pisum^ pease ; lupinum, lupine ; 
faselus, phaselus, vel phaseolus, the kidney-bean ; lens, lentil ; 
cicer v. cicercula, vicia v. ervum, vetches, or tares ; sesamum v. 
-a, &c. These served chiefly for food to cattle ; some of them, 
also, for food to slaves and others, especially in times of scarcity 
when not only the seed, but also the husks or pods {siliquce) 
Avere eaten. The turnip {ropum v. -a, vel rapus) was cultivated 
for the same purpose.^"' 

There were several things sown to be cut green, for fodder to 
the labouring cattle ; as ocimum vel ocymum, fceniim GrcECuni, 
vicia, cicera, ervum, &c., particularly the herb medica and 
cytisus for sheep.^* 

The Romans paid particular attention to meadows (prata),^ ' 
for raising hay and feeding cattle, by cleaning and dunging 
them, sowing various grass seeds, defending them from cattle, 
and sometimes watering them.^^ 

1 Pers. V. 115. xviii. 7. quae non seruntur, xxv. 17. Cato 9. 

2 Col. vi. 30. 7 ad cutpm nutrien- Serv. Virg. Eel. v. 37. 13 Plin. xviii. 13. Per.iii. 

3 panis hordeaceus, dam, ib. xxii. 25. s. 83. G. i. 153. 22i3. 35. Hor. Ep. ii. 1. Va. 
Plin. xviii. 7. s. 14. 8 vitium frumenti, cum 10 Virg. Eel. i 2. iii. 14 Plin. xiii. 2^1. 

4 Liv. xxvii. 13. Dio. hordeum in earn dege- 27. Mart. viii. o. 15 quasi sempei paratr.. 
xlix. 36. Plin. xiv. 2'2, nerat, Plin. x^dii. 17. 11 G. i. 77. Plin, x x. 1. Plin. xviiL 5. 

5 spuma. Cic. Fin, v. 30. 12 Virg. G. ii. 11. 436. 16 Col. ii. 17. 

6 pro te'mento, Plin. 9 eterilcs avena?, i, e. Hor. Od. ii. 5. 8. Liv. 



408 ROMAN ANTIQUITIES. 

Hay (fcenum) was cut and piled up in cocks, or small heaps, 
of a conical figure,^ then collected into large stacks, or placed 
under covert. When the hay was carried off the field, the 
mowers {foeniseces vel -cce) went over the meadows again (jprata 
siciliebant)^ and cut what they had at first left. This grass was 
called sicilimentum, and distinguished from fcenum. Late hay 
-was called fcenum cardum.^ 

The ancient Romans had various kinds offences {septa, sepes, 
vel sepimenta) ; a wall {maceria) ; hedge, wooden fence, and 
ditch, for defending their marches (ZimzYes) and corn fields, and 
for enclosing their gardens and orchards, but not their meadows 
and pasture-grounds. Their cattle and sheep seem to have 
pastured in the open fields, with persons to attend them. They 
had parks for deer and other wild beasts ; ^ but the only enclo- 
sures mentioned for cattle, were folds for confining them in the 
night-time,^ either in the open air, or under covering.*^ 

Corns were cut down (metebantw) by a sickle, or hook, or by 
a scythe ; or the ears {spicce) were stript off by an instrument, 
called BATiLLUM, i. e. serrula ferrea, an iron saw,'^ and the straw 
afterwards cut. To this Virgil is thought to allude, G. i. 17, 
and not to binding the corn in sheaves, as some suppose, which 
the Romans seem not to have done. In Gaul, the corn was cut 
down by a machine drawn by two horses.^ Some kinds of pulse, 
and also corn, were pulled up by the root/-' The Greeks bound 
their corn into sheaves, as the Hebrews, who cut it down with 
sickles, taking the stalks in handfuls (mergites), as we do.^" 

The corn when cut was carried to the threshing-floor (area), 
or barn (horreum), or to a covered place adjoining to the 
threshing-floor, called nubilarium. If the ears were cut off from 
the stalks, they were thrown into baskets.^^ When the corn 
was cut with part of the straw, it was carried in carts or wains,^- 
as with us. 

The AREA, or threshing-floor, was placed near the house, on 
high ground, open on all sides to the wind, of a round figui-e, 
and raised in the middle. It was sometimes paved with flint 
stones, but usually laid with clay, consolidated with great care, 
and smoothed with a huge roller.^'^ 

The grains of the corn were beaten out^* by the hoofs of cattle 
driven over it, or by the trampling of horses ; ^^ hence area dum 
messes sole caknte teret, for frumenta in area terentur ; ^^ or by 
flails {baculi, fustes vel perticcB) ; or by a machine, called traha, 
V. trahea, a dray or sledge, a carriaoe without wheels ; or tri- 

1 in metas extructum, lia, ovilia, caprilia, &c. et ii. 10. 12. Plin.xviii. 178. Var. i. 2. 

Col. ii. 22. 6 Virg. ^n. vii. 512. 30. s. 72. Hexcutiebantur, tunde- 

2 i.e. talcibus conseca- 7 Var. i. 50. lalx verri- 10 Horn. II. xviii 550. bantur, terebantur vel 
bant. culatarostrata,velcl«n- Ruth ii. 15. Gen. exterefaantur. 

3 Pliii. xviii. 23. tata, meri;a, velpecten, xxxvii. 7. 15 equarnm gressibns, 

4 Vir-. fi. i. 270. Col. 8 Col. ii. 21. Plin. 11 Col. ii. 21, Var. i. 1. Plin. xvii. 30. Virg. a. 
ix. PriBf. xviii. 30. 12plaustra,Virg, ii.206. iii. 132 Col. ii.21. 

6 sejita vo stabula bubi- 9 vellebanUu, Col. ib. 13 Col. i. (i. Virg.'G, i. 16 Tibul. i. 5. 22, 



aghiculture. 



469 



BULA, vel -urn, made of a board or beam, set with stones or 
pieces of iron,^ with ca great weight laid on it, and draw^n by 
yoked cattle.^ 

Tribula, a threshing machine, has the first syllable long, 
from r^ifio), tero, to thresh ; but tribulus, a kind of thistle (or 
warlike machine, with three spikes or more, for throwing or 
fixing in the ground, called also murex, usually plural, murices 
V. tribuli, caltrops)," has tri short, from r^s/?, three, and /3oA>j. a 
spike or prickle. 

These methods of beating out the corn were used by the 
Greeks and Jews.* Corn was Avinnowed,^ or cleaned from the 
chaff,'^ by a kind of shovel,^ which threw the corn across the 
Avind,^ or by a sieve,^ which seems to have been used with or 
without wind, as among the Greeks and Jews.^" The corn when 
cleaned ^^ Avas laid up in granaries,^^ variously constructed,^^ 
sometimes in pits,^* Avhere it was preserved for many years ; 
Varro says fifty. ^^ 

The straw Avas used for various purposes ; for littering cattle,^^ 
for fodder, and for coA'ering houses ; Avhence culmen, the roof, 
from culmus, a stalk of corn. The straAV cut Avith the ears Avas 
properly called palea : that left in the ground and afterwards 
cut, STRAMEN, vel str amentum , vel stipula, the stubble, Avhich Avas 
sometimes burned in the fields, to meliorate the land, and 
destroy the weeds.^^ 

As oxen Avere chiefly used for ploughing, so Avere the fleeces 
of sheep for clothing; hence these animals Avere reared by the 
Romans with the greatest care. Virgil gives directions about 
the breeding of cattle,^^ of oxen and horses (armenta), of sheep 
and goats (greges), also of dogs and bees,^^ as a part of 
husbandry. 

While individuals Avere restricted by laAv to a small portion of 
land, and citizens themselves cultivated their OAvn farms, there 
Avas abundance of provisions Avithout the importation of grain, 
and the republic could always command the service of hardy 
and brave Avarriors Avhen occasion required. But in after ages, 
especially under the emperors, Avhen landed property Avas in a 
manner engrossed by a few, and their immense estates in a 
great measure cultivated by slaves,^'' Rome Avas forced to depend 
on the provinces, both for supplies of provisions, and of men to 
recruit her armies. Hence Pliny ascribes the ruin first of Italy, 
and then of the proAinces, to overgrown fortunes, and too 

1 tabula lapidibus, aut 6 acus, -eris. 11 expurgatum. i. 1. 3 Plin. xviii. 30. 
ferro asperato. 7 vallus, pala vel ven- 12 honea vel granaiia. 17 Id. & A'irg. G. i. 84. 

2 juraentis junclis, ib. tilabrum. 13 Plin. xviii. 30. 18 qui cultus habeiido sit 
91 Ver. i. 52, 8 Var. i. 52. 14 in scrobibus. pecori. 

3 Plin. xix. 1. s. 6.Areg. 9 vannus vel cribrum. 15 Id. .Sc A'^ar. i. 57. 19 A'^irg. G. iii. 49. 72. 
iii. 24. Curt. iv. 13. 10 Isaiahxxx. 24. Amns 16 pecori ovibus bubus- iv. v. ^6. 404. 

1 Isaiah xxviii. 27. ix. 9. Luke xxii. 31. que substernebaiitur, 20 Juv. ix. 55. Liv. vi. 
Horn. II. XX. 495. Col. ii. 21. Ht>m. II. unde stramen, v. stra- 12. Sen. Ep. lU. 

b veiitilabalur. xiii. 5b8. mentum dirtum, A''arr. 



470 ROMAN ANTIQUITIES. 

extensive possessions.^ The price of land in Italy was increased 
by an edict of Trajan, that no one should be admitted as a 
candidate for an office who had not a third part of his estate in 
land.2 



PROPAGATION OP TREES. 

The Romans propagated trees and shrubs much in the same 
way as we do. 

Those are properly called trees {arbores) which shoot up in 
one great stem, body, or trunk,^ and then, at a good distance 
from the earth, spread into branches and leaves ; * shrubs 
(frutices, vel virgulta)^ which divide into branches,^ and twigs 
or sprigs,*^ as soon as they rise from the root. These slirubs, 
which approach near to the nature of herbs, are called by Pliny 
suffrutices. Virgil enumerates the various ways of propagating 
trees and shrubs/ both natural and artificial.^ 

I. Some were thought to be produced spontaneously ; as the 
osier (siler'), the broom (genista), the poplar and Avillow (salix). 
But the notion of spontaneous propagation is now universally 
exploded. Some by fortuitous seeds, as the chestnut, the esculuSy 
and oak ; some from the roots of other trees, as the cherry 
(cERAsus, first brought into Italy by Lucullus from Cerasus, a 
city in Pontus, A. U. 680, and 120 years after that, introduced 
into Britain);'^ the elm and laurel {laurus), which some take 
to be the bay tree. 

II. The artificial methods of propagating trees were, 1. by 
suckers (stolones),^*^ or twigs pulled from the roots of trees, and 
planted in furrows or trenches.^^ — 2. By sets, i. e. fixing in the 
ground branches,^^ sharpened ^'^ like stakes,^^ cut into a point,'-' 
slit at the bottom in four ; ^'^ or pieces of the cleft-wood ; ^^ or by 
planting the trunks with the roots.^^ When plants Avere set by 
the root,^^ they Avere called viviradices, quicksets.^'^ — 3. By 
layers,^^ i. e. bending a branch, and fixing it in the eartls, 
without disjoining it from the mother-tree, whence new shoots 
spring.^^ This method was taught by nature from the bramble.-^ 
It was chiefly used in vines and myrtles,^* the former of which, 

however, were more frequently propagated 4. By slips or 

cuttings ; small shoots cut from a tree, and planted in the 
ground,-^ with knops or knobs, i. e. protuberances on each side, 
like a small hammer.^'' — 5. By grafting, or ingrafting,^^ i. e. 

1 latifiiiidia. sc. nimis 7 s\r|vai fruticesque. 15 sudes quadrifiila; terra, v. 27. 

ampla, perdi -.ere Ita- 8 G. ii. 9, &c. 16 Virjj. G. ii. 25. Win. 23 ex rubo, Plin. xvi!. 

liaiir, jam vero et pro- 9 Plin. xv. 25. s. 31. xvii. 17. 13. s. 21. 

vincias, xviii. 3. 0. 10 u'lde cognomen, Stolo, 17 caudices sHcti, ib, 2t Vir?. G. ib. v. 63. 

2 Plin. Ep. vi. 1;). Plin. xvii. I. Var. i. 3. 13 stirpes, ib. 25 surculi, et inalleoli, 

3 stirps, triincus, can- 11 sulci v. fossae. 19 cum radice sereban- i. e. surculi utrinque 
dex vel sti;.es. la rami v. taleue. tiir. capitulati. 

4 rami et foli:i. 13 acuminati. 20 Cic. Sen. 13. 2B Plin. xvii. 21. 

5 rami V. -uli. 11 rtp.ut'j mbore valli vel 21 propagiiies. 27 insilio. 
ti vir^oe v, -u!x, p.ilL 22 viva sua plantaria 



PROPAGATION OF TREES. 471 

inserting a scion, a shoot or sprout, a small branch or gra^',^ of 
one tree into the stock or branch of another. There \^ere several 
ways of ingrafting, of which Yirgil describes only one; namely, 
what is called cleft grafting, which Avas performed by cleaving 
the head of a stock, and putting a scion from another tree into 
the cleft ; ^ thus beautifully expressed by Ovid, fissaque udopti- 
vas accipit arbor opes, Bledlc. Fac. 6. 

It is a received opinion in this country, that no graft will 
succeed unless it be upon a stock which bears fruit of the same 
kind. But Virgil and Columella say, that any scion may be 
grafted on any stock, omnis surculus omni arbori inseri potest^ 
si non est ei, cui inseritur, cortice dissimilis ; as apples on a 
pear-stock, and cornels, or Cornelian cherries, on a prune or 
plum-stock, apples on a plane-tree, pears on a Avild ash, Sec."* 

Similar to ingrafting, is what goes by the name of inocula- 
tion, or budding.* The parts of a plant Avhence it budded,' 
were called oculi, eyes, and when these were cut off, it Avas 
said, occxcari^ to be blinded.^ Inoculation Avas performed by 
making a slit in the bark of one tree, and inserting the bud ^ of 
another tree, Aviiich united with it, called also emplastratio.^ 
Hut Pliny seems to distinguish them, xvii. 16. s. 26. The part 
of the bark taken out^ Avas called scutula v. tessella, the 
name given also to any one of the small divisions in a checkered 
table or pavement.^" 

Forest trees ^^ Avere propagated chiefly by seeds ; olives by 
truncheons,^^ i. e. by cutting or sav»ing the trunk or thick 
branches into pieces of a foot, or a foot and a half in length, 
and planting them; Avhence a root, and soon after a tree Avas 
formed.^^ Those trees which Avere reared only for cutting Avere 
called arbores c.edue, or Avhich, being cut, sprout up again ^* 
from the stem or root. Some trees grow to an immense height. 
I'liny mentions a beam of larix, or larch, 120 feet long, and 2 
feet thick, xvi. 40. s, 74. 

The greatest attention Avas paid to the cultivation of vines. 
They Avere planted in the ground, well trenched and cleaned,^^ 
in furrows, or in ditches, disposed in rows, either in the form 
of a square, or of a quincunx. The outermost rows Avere called 
ANTEs.^^ When a vineyard Avas dug up,^' to be planted anew, it 
Avas properly said repastinari, from an iron instrument, Avith 
two forks, called pastinum}^ Avhich word is put also for a field 
ready for planting.^^ An old vineyard thus prepared Avas called 

1 tradux V. surculus. 3 Col. v. U. \''irg. G. 8 Piin. v. 73. Col. v. 11. 14 succisae repuUuIant, 

2 feraces plantae im- ii. 33. v. 70. Plin. xv. 9 pars exempta; an- Plin. xii. 19. 
mlttuntur, — fruitlul I. 5. s. 17, gustus in ipso node si- 15 in pastinato, sc.agro. 
scions are put in, ib. 4 oculos imponere, in- hus. lli Plin. xvii. 22. A'^ir^. 
V. 78. alterius ramus oculare v. -atio. 10 Id. see p. 458- G. ii. 2/7. 417. Fest. 
vertere in alterius, — 5 unde germinaret. 1 1 arbores sylvestres. 17 refodiebatur. 

that the branches of 6 Plin. xvii. 21, 22. s. 13 trunci, caudicessecti, 13 Col. iii. 18. 

35. V. lignum siccum. 13 ager pastiiiatus. 

7 gemma v. germen. 13 A''irg. G. ii. 30. 63. 

2r2 



472 ROMAN ANTIQUITIES. 

viNETUJi BESTiBiiiE, The vines weve supported by reeds,^ ov 
round stakes,^ or by pieces of cleft oak or olive, not round,"^ 
which served as props,* round which tlie tendrils ^ twined. Two 
reeds or stakes "^ supported each vine, with a stick,' or reed 
across, called jugum or cantherium, and the tying- of the vines 
to it, CAPiTUM conjugatio et religatio, was effected by osier oi 
willow twigs, many of which grew near Ameria, in Umbria.^ 

Sometimes a vine had but a single pole or prop to support it, 
without a jugum or cross-pole ; sometimes four poles, with a 
iugum to each ; hence called vitis compluviata ; ^ if but one 
jug-um, UNIJUGA. Concerning the fastening of vines to certain 
trees, see p. 388. The arches formed by the branches joined 
together,^" were called funeta, and branches of elms extended 
to sustain the vines, tabulata, stories.^* When the branches ^- 
Avere too luxuriant, the superiluous shoots or twigs ^^ were lopt 
oft* with the pruning knife, ^'^ Hence vites compescere\e\ casti- 
gare, to restrain ; comas stringere, to strip the shoots ; brachia 
tondere^ to prune the boughs ; pampinare for pampinos decer- 
pere, to lop off* the small branches.^^ 

The highest shoots were called flagella;^'' the branches on 
which the fruit grew, palm.e ; the ligneous or woody part of a 
vine, materia ; a branch springing from tlie stock, pampinarium ; 
from another branch, fructuarium; the mark of a hack or 
chop, cicatrix ; whence cicatricosus. The vines supported by 
cross stakes in dressing were usually cut in the form of the 
letter X, which was called decussatio.^^ 

The fruit of the vine was called uva, a grape ; put for a vine, 
for wine,^^ for a vine bi'anch,^^ for a swarm ~'^ of bees^ properly 
not a single berry,^^ but a cluster,-- The stone of the grape was 
called viNACEus, v. -eurn, or acinus vinaceusJ^ Any cluster of 
flowers or berries,-* particularly of ivy,^^ was called corymbus, 
crocei corymbi, i. e. llores.^'' The season when tlie grapes were 
gathered was called vindeaiia, the vintage ; ^^ whence vindemiator, 
a gatherer of grapes."^ Vineyards (vine.e vel vineta), as fields, 
were divided by cross paths, called limites (hence limitare, to 
divide or separate, and limes, a boundary). The breadth of them 
was determined by law.^'^ A path or road from east to west, was 
called DECiMANus, sc. limes {a mensura denum actuum) ; from 

1 arundines. 8 Col. iv. 12. 30. 4. 15 Virg. G.ii.368. Plin. rum congeries, cum pe- 

2 pali, whence vites Plin. xvi.37.s.69.VirK. xviii. ;37. diculis. Oil. xi. 2. 
palare, i. e. fulcire vel G. i. aiia.Clc. Sen. 15. 16 Virg. G. ii, 299. 23 Cic. Sen. 15. 
pedare, 9 a cavis ffidium com- 17 Plin. xvii.i'i. Col. v. 24 racemus in orbemcir- 

;> ridicsB, Plin. xvi!. 22. pluviis,Plin.xvii.21,2i. (i. Colum. iv. 17. cumactus. 

4 adminicula v. peda- 10 cum palmites sar- 18 Virg. G. ii. (iO. Hor. 25 liedera. 

menta. meiito inter se jungun- Od. i. 20. 10. 26 Fliii. xvi. 34. Virir. 

5 claviculae v. capreoli, lur funiiim mndo, 19 pampiiins, Ov. Jlet. Ec]. iii. 39. Ov. Mel. 
i. e. coUiculi V. cauli- 11 Plin. xvii. 22, Virg. iii. 666. iii. 665. Col. x. 301. 
tuli vitei intorti, ut G. ii. 361. 20 examen, Virg. G. iv. 27 <a vino demendo, i. e. 
cincinni, Var. i. 31. 12 palmites v. pampini. 558. uvis legendis. 

6 valli furoteque bidcn- 13 sarinenta. 21 acinus v. -uni, Suet. 28 Hor. Sat. i. 7. 30. 
tes. 14 I'erro amputata, Cic. Aug. 76. 29 .see Lux MauiUia, p. 

7 perlica. Sen. 13. 22 racemus, i. <:. acin-t- 171. 



PROPAGATION OF TREES. 473 

south to north, cardo {a cardine mundi, i. e. the north pole, 
thus, mount Taurus is called cardo), or semita ; whence semi- 
tare, to divide by-paths in this direction, because they •were 
Hsually narrowel' than the other paths. The spaces larede), 
included between two semitce, were called pagin.e, compi-ehend- 
ing each the breadth of five pali, or capita vitium, distinct 
vines.^ Hence agri compaginantes, contiguous grounds. 

Vines Avere planted ^ at different distances, according to the 
nature of the soil, usually at the distance of five feet, sometimes 
of eight ; of twenty feet by the Umbri and Marsi, who ploughed 
and sowed corn between the vines, which places they called 
PORCULETA. Vines which were transplanted,"^ bore fruit two 
years sooner than those that were not.* 

The limites degumani were called prorsi, i. e. porro versi, 
straight; and the cardines fransversi, cross. From the decu- 
mani being the chief paths in a field ; hence decumanus for 
magnus, thus, ova vel poma decumana. Acipenser decumanuSy 
large.^ So jluctus decimanus vel decimus, the greatest ; as 
r^iKvfiioc, tertius jluctus, among the Greeks. Limites is also put 
for the streets of a city.^ 

Pliny dii-ects the limites decumani in vineyards to be made 
eighteen feet broad, and the cardines or transversi limites, ten 
feet broad.' Vines were planted thick in fertile ground,'' and 
thinner on hills, but always in exact order.^ 

The Romans in transplanting trees marketl on the bark the 
way each stood, that it might point to the same quarter of the 
heaven in the place where it was set.^*^ 

In the different operations of husbandry, they paid the same 
attention to the rising and setting of the stars as sailors ; also to 
the winds.^^ The names of the (;hief Avinds were, AquilOy or 
Boreas, the north wind ; Zephyrus, vel Favonius, the west 
wind ; Auster.^ v. Notus, the south wind; Eurus, the east wind; 
Corns, Caurus, vel lapix, the north-west ; Africus, vel libs, the 
south-west; Volturnus, the south-east, &c. But Pliny denomi- 
nates and places some of these differently, ii. 47. xviii. 33, 34<. 
Winds arising from the land were called cdtani, or apogcei ; 
from the sea, tropcsi^' 

The ancients observed only four winds, called venti gardi- 
nales, because they blow from the four cardinal points of the 
world. Homer mentions no more ; ^^ so in imitation of him, 
Ovid and Manilius.^* Afterwards intermediate winds were added, 
first one, and then two, between each of the ve7iti cardinales. 

1 Liv. xxxvii. 34. Plin. Mpt. xi. 530. Sil. xiv. ii. ^77. Plin, ii. 44. 

xvii. 22. 122. Luc. V. 672. Sen. 10 Virg. G. iu 269. Co- 13 Scrv. Vi.e;. i. 13J. 

2 Eerebantur. Agam. 502. Liv. xxxi. liimel. de Arbor. 17. -1. I'lin.ii.47. Hom.OJs s. 

3 trtiuslatse. 24. Pullad Feb. 19. 2. E. 295. 

4 saUe, Plin, ib. 7 I'lin. xvii. 22. s.35. 11 Virif. G. i. 2U4. 51. 14 Aslron.iv. 5S9. Ov.. 

5 Fesl. Cic. Fin. ii. 3. 8 piiigui campo. iii. 273. Mel. i. 61. Trist, i. 2. 

6 Ov. Triet. i. a 49. 9 ad uiiguem, Virg. G. 12 Sen. Nat. O. v. 16. «. 

2r3 



474 ROMAN ANTIOUITIKS. 



CARRIAGES OF THE ROMANS. 

The carriages^ of the ancients were of various kinds, which 
are said to have been invented by different persons ; by Bacchus 
and Ceres, Minerva, Erichthonius, and the Phrygians."- 

Beasts of burden were most anciently used.-^ A dorser, dor- 
sel, or dosser, a pannel, or pack-saddle,^ was laid on them to 
enable them to bear their burden more easily, used chiefly on 
asses and mules ; hence called clitellaria, humorously applied 
to porters, geruli vel bajuli, but not oxen ; hence CLiTELL.^i bovi 
SUNT iMPOsiT.E, whcu a task is imposed on one which he is unlit 
for. Bos CLiTELLAs, sc. povtat^ This covering was by later 
writers called sagma ; put also for sella, or ephippiurn, a saddle 
for riding- on ; \\er\cQ jumenta sagmaria, vel sarcinaria et sella- 
ria,^ sometimes with a coarse cloth below (cento, vel centunculus, 
a saddle-cloth). 

A pack-horse was called caballus, or cantherius, v. -ium, sc. 
jumentum (quasi carenterius, i. e, equus castratus^ a fielding'; qui 
hoc distat ab cquo, quod majalis a vei're, a barrow or hog- from 
a boar, capus a gallo^ vervex ab ariete).'^ Hence minime sis 
cantherium in fossa, be not a pack-horse in the ditch.^ Some 
make cantherius the same with clitellarius, an ass or mule, and 
read, ihinime, sc. descendant in viam ; scis, gantheriuivi in fossa, 
sc. equus habebat obviarn, i. e. you know the fable of the horse 
meeting- an ass or mule in a narrow way, and being trodden 
down by him. See Swinburne's Travels in the South of Italy, 
vol. ii. sect. QQ. Others suppose an allusion to be here made to 
the prop of a vine.^ 

He who drove a beast of burden was called agaso, and more 
rarely agitator.^" A leathern bag,^^ or wallet, in which one Avho 
rode such a beast carried his necessaries, was called hippopera, 
mantica, pera vel averta, a cloak-bag or portmanteau, or 
bulga.^- 

. An instrument put on the back of a slave, or any other 
person, to help him to carry his burden, was called /i^rumnula 
(from cci^o), tollo), furca vel furcilla ; ^^ and because Marius, to 
diminish the number of waggons, which were an encumbrance 
to the army, appointed that the soldiers should carry their 
baggage {sarcince, vasa et cibaria) tied up in bundles, upon 
furccB or forks, both the soldiers and these furcas were called 



1 vehicula, vectabula, tota posterior pars cor- Heliog. 4. 11 sacculus scorteus. 
V. -acula. poris; quod ea devexa 7 Varro de R. Rust. 12 Sen. Ep.87. Hor. Sat. 

2 Tibul. ii. 1. 42. Cic. tit ileorsum, Fest. ii. 7. fin. Cic Fam. ix. i. 6. lllb. Schol. ib. 
Nat. D. iii. 21. Vir^. 4 clitella vel stratum, 18. Fnstus. 

G. iii.ll3.Plin.vii.5b. 5 Piaut. .Must. iii. 2. 8 Liv. xxiii. 47. 13 Fesl. Plaut. Casin. ii. 

3 aiiiinalia vel jumeiita 94. Cic. Alt. v. 15. 9 Gronovius in Loc. 6. i, 
dossuaria, vel dorsua- Oiiinct. v. 11. 21. Schefter de Re Vehic. 

lis, from dorsum, i. c. 6 Vcg. ii. 10. Iswpr. 10 Virg. G. i. 273. 



CARRIAGES. 475 

MULI MARIANI,^ EXPELLERE, EJICERE, Vel EXTRUDERE FURCA, veJ 

furcilla, to drive away by force. ^ 

Any thing carried, not on the back, but on the shoulders, or 
in the hands of men, was called ferculum ; as the dishes at an 
entertainment, the spoils at a triumph, the images of the gods 
at sacred games, the corpse and other things carried at a funeral. 

When persons were carried in a chair or sedan, on whici 
they sat, it was called sella gestatoria, portatoria, v, fertoria 
or CATHEDRA ; in a couch or litter, on Avhich they lay extended, 
LECTiCA, vel cuBiLE, used both in the city and on journeys, 
sometimes open, and sometimes covered, with curtains of skin 
or cloth, called plagul.e, which were occasionally drawn aside, 
sometimes with a window of glass, or transparent stone, so that 
they might either read or Avrite, or sleep in them. There were 
commonly some footmen or lackeys, who went before the sedan 

(CURSORES).* 

The sell<B and lecticcB of women were of a different construc- 
tion from those of men ; hence sella vel lectica mulitbris : the 
cathedra is supposed to have been peculiar to women. The 
sella usually contained but one ; the lectica, one or more. The 
sella had only a small pilloAv (cervical) to recline the head on ; 
the lectica had a mattress stuffed Avith feathers ; hence pensiles 
plumes: sometimes with roses {pulvinus rosafarctus), probably 
with ropes below.^ 

The sellae and lectica were carried by slaves, called lectica- 
Rii, calones, geruli, v. bajuli, dressed commonly in a dark or 
red penula^ tall ^ and handsome, from different countries. 
They were supported on poles (asseres, vel amites)^ not fixed, 
but removable,'-* placed on the shoulders or necks of the slaves ; 
hence they were said aliquem sucgolare, and those carried by 
them, succolari, who were thus greatly raised above persons on 
foot, particularly such as were carried in the sella or cathedra.^" 
The sella was commonly carried by two, and the lectica by 
four J sometimes by six, hence called ItexapJioros, and by 
eight oGTOPHOROs, V. -um}^ 

When the lectica was set down, it had four feet to support it, 
usually of wood, sometimes of silver or gold. The kings of 
India had lecticae of solid gold.^^ The use of lecticas was 
thought to have been introduced at Rome from the nations oi 
the East towards the end of the republic. But we find them 

1 Fest. in ^rumnula Art. A. i. 487. Tae. Cic Verr. v. 11. Q,. 58. 

& Frontin. iv. 1. 7. Hist. i. 35. Ann, xiv. Fr. ii. 9. Sen. Marc. 10 Pl!n. Pan. 22. 2U 
Plut. inMar. 4. Plin. Ep. iii. 5, Cic. 16. Gell. x. 3. Suet. Claud. lU. 0th. 

2 Hor. Ep. i. 10. 24. Pliil ii. 41. Att. x. 12. 6 Sen. Ep. 70. 113. 6. Juv. iii. 240. 

Cic. Alt. xvi. 2. Mart. vi. 99. 11. Sen. Ben. iii. 28. 11 Juv. ix. 142. Mart. 

3 Suet. Aug. 71. Caes. Ep. 123. Suas. 7. Petr. 7 longi v. proceri. ii. 81. vi. 59. ix. 3. see 
37. 76. Cal. 16. 2S. 8 Sen. Ep. 110. Juv. iii. p. 412. 

4 Suet. Ner 26. Dom. 5 .Suet. Otii. 6. Ner. 249. vi. 350. vii. 132. 12 Catul. x. 22. Athen. 
2. 0th. 6. Vit. 16. Tit. 9. Jnv. i, 159. vi. 91. viii. 132. ix. 142. Mart. v. 10. Curt. viii. 9. 
10. Juv. i. 64. iii. 212, 352, Mart, ii. 57. 6.xii. ix. 23. 9. 

249. iv,20. vi. 90. Ov. 38. Tac. Hist. iii. 67. 9 cxemiililes, Suet. Ca. 



476 



ROMAN ANTIQUITIES. 



mentioned long before, on journey, and in the army. The 
emperor Claudius is said first to have used a sella covered at 
top.^ They do not seem to have been used in the city in the 
time of Plautus or of Terence ; but they were so frequent under 
Ca3sar that he prohibited the use of them, unless to persons of a 
certain rank and age, and on certain days. Those who had not 
sedans of their own, g^ot them to hire. Hence we read in later 
times of corpora et castra lecticariorum, who seem to have 
consisted not only of slaves but of plebeians of the lowest rank, 
particularly freedmen. Sell^ erant ad exonerandiim ventrem 
aptcB, et privat.e vel familiaricze, et public^.^ 

A kind of close litter carried^ by two mules,* or little 
horses,^ was called bastarna, mentioned only by later writers. 

Two horses yoked to a carriage 
were called big.e, bijugi, v. bijuges ; 
three, trigcE ; and four, quadrigae^ 
quadrijugi, v. -ges; frequently put 
for the chariot itself, hijuge curri- 
culum, quadrijugus currus ; but 
curriculum is oftener put for cur- 
sus, the race.*^ We also read of a 
chariot drawn by six horses, 
joined together a-breast,^ for so 
the Eomans always yoked their 
horses in their race-chariots. 
^<evo once drove a chariot at the 
Olympic games, drawn by ten 
horses.^ 





A carriage Avithout wheels, drawn by any animals, was called 
TRAHA, V. -ea, vel traga, a sledge, used in rustic work in beating- 
out the corn ^ (called by Varro, P(enicum plostellum^^ because 



1 Uio. Ix. 2. Liv. xxiv. 

42. Geli. X, 3. 
8 Mart iii. 46. xii. 78. 

Snet. Css. 43. Claud. 

23. Juv. vi. 352. ix. 

142. Van R. i. 14. 
3 gistata V. deiortttta. 



4 muli, ex equa et asi- 


ti, vel pumilii, s 


no: hinrii, hinnuli, v. 


-iones, divaifs. 


burdones, ex equo et 


6 Cic. Rab. 10. Marcel 


asina, Plin. viii. 44. s. 


2. Hor. Od. i. 1. 3 


69. 


Suet. Gal. 19. Viig 


5 manni, Ov. Am. ii. 


G. iii. 18. 


16. 49. i. e. equi minu- 


7 ub Auguslo sejugcs 



sicut et elephanti, Plin. 
xxxiv. 5. s. 10. 

8 aurigavit decemjii- 
gem, so. currum, Suet. 
Ner.21. Aujj. yi. 

9 see p. ■'■&8. 

10 R. F; ;. 53. 



CARRIAGES. 477 

used for that purpose by the Carthaginians), and among- northern 
nations in travelling on the ice and snow. Carriages Avith one 
wheel were called unarota. A vehicle of this kind drawn by 
the hands of slaves, chiramaxium, or arcuma.^ A vehicle with 
two wheels, birotum ; with four {quadrirotium).^ 

Those who drove chariots in the circus at Rome, Avith what- 
ever number of horses, Avere called quadrigarii, from the 
quadrig(B being most frequently used; hence factiones qua- 
DRiGARiORu.Ai. Those aaIio rode tAvo horses joined together, 
leaping quickly from the one to the other, Avere called desul- 
tores; h^wcQ desultor \. desertor amoris, inconstant; and the 
horses themselves, desultorii, sometimes successfully used in 
Avar.^ 

The vehicles used in races Avere called currus, or curricula, 
chariots, a currendo, from their velocity, having only tAvo 
Avheels, by Avhatever number of horses they Avere draAvn : also 
those used in war by different nations ; of Avhich some Avere 
armed Avith scythes,* in different forms. Also those used by the 
Roman magistrates, the consuls, prsetors, censors, and chief 
asdiles, Avhence they Avere called magistratus curules, and the 
seat on Avhich these magistrates sat in the senate-house, the 
I'ostra, or tribunal of justice, sella curulis,^ because they 
carried it Avith them in their chariots.'' It Avas a stool or seat 
without a back,^ Avith four crooked feet, fixed to the extremi- 
ties of cross pieces of Avood, joined by a common axis, someAvhat 
in the form of the letter X (decussatim), and covered Avith 
leather ; so that it might be occasionally folded together for the 
convenience of carriage, and set down wherever the magistrates 
chose to use it, adorned Avith ivory ; hence called curule ebur, 
and ALTA,^ because frequently placed on a tribunal, or because 
it was the emblem of dignity ; regia, because first used by the 
kings, boi-rowed from the Tuscans, in later times adorned Avith 
engravings ; conspicuum signis.^ 

A carriage in Avhich matrons Avere carried to games and 
sacred rites, Avas called pilentuji, an easy soft vehicle {pensile), 
Avith four Avheels ; usually painted Avith various colours.^" The 
carriage Avhich matrons used in common i^ftsto prqfestoque) 
Avas called carpentum, named from Carmenta, the mother of 
Evander, commonly Avith two Avheels, and an arched covering ; 
as the flamines used {currus arcuatus), sometimes Avithout a 



1 Uy»in. ii. 14. Petron. 


Festus. 


7 anaclinterium, v. ta- 


^n. xi. 334. Flor. i. 5. 


2d. Festus. 


4 curnis falcati, falcatae 


bulatuia a tergo sur- 


Ov. Pont. iv. 5. 11. 


Z TeTpa«u«Xo5 a7rr,>"i, V. 


quadrig=e, Liv. xxxvi. 


gens in quod recliuari 


10 Serv. Virg, JEu. 


T.TpaTpo;t;<'Si quatuor 


•il, 42, Curt. iv. 9. 


posset. 


viii. 666. Isid. XX. ii. 


roUirum currus, Horn. 


5 See cut representing 


8 Plut. !Mar. Suet. Aug. 


n Liv. i.21 34. 48. V. 


:i. Q.321. 


t.'.eir usual form, p. 


43 Gell. vi. U. Hor. 


25. Suet. Tib.2. Claud. 


8 Liv. xxiii. 29. xliv. 9. 


oud. 


y.c: i. 6. 53. Sil. viii. 


11. Ov. Fast. 1. 6-U. 


Suet. Ner. 16. C;«-s. 


b Gell. iii. IS. IsiJor. 


488. 




S'J, Ov. Am. i. J. J:). 


X.... 11. 


y Liv. i. 8. 20. Virs. 





478 ROMAN ANTIQUITIES. 

Punic war by the Oppian law, which, however, was soon after 
repealed. It is sometimes put for any carriage.^ 

A splendid carriage with four wheels and four horses, adorned 
with ivory and silver, in which the images of the gods were led 
in solemn procession from their shrines (e sacrariis) at the 
Circensian games, to a place in the circus, called pulvinar, 
where couches were prepared for placing them on, was called 
THENSA, from the thongs stretched before it {lora tensa),^ at- 
tended by persons of the first i*ank, in their most magnificent 
apparel, A\ho were said thensam ducere vel deducere,^ who 
delighted to touch the thongs by which the chariot was drawn 
(funemque manu contingere gaudent),^ And if a boy (puer 
patrimus et matrimus) happened to let go ^ the thong which he 
held, it behoved the procession to be renewed. Under the 
emperors, the decreeing of a thensa to any one was an acknow- 
ledgment of his divinity.^ 

A cari'iage with two wheels, for travelling expeditiously, w^^s 
called cisiuM, q. citium ; the driver, cisiarius, drawn usually by 
three mules ; its body {capsum, v. -a) of basket-work (ploximum, 
v. -enum)J A larger carriage, for travelling, with four wheels, 
was called rheda, a Gallic word, or carruca, the driver, rheda- 
Rius, or CARRuCARius, a hired one, meritoria, both also used in 
tiie city,^ sometimes adorned with silver. An open carriage 
with four Avheels, for persons of inferior rank, as some think, 
was called petorritum, also a Gallic word.^ 

A kind of swift carriage used in war by the Gauls and 
Britons, was called essedum ; the driver, or rather one who 
fought from it, essedarius, adopted at Kome for common use.^*^ 

A carriage armed Avith scythes, used by the same people, 
coviNus ; the driver, covinarius ; similar to it, was probably 
benna. In the war-chariots of the ancients, there were usually 
but two persons, one who fought {hellator), and another who 
directed the horses iauriga, the charioteer).^^ 

An open carriage for heavy burdens {yeliiculum onerarium) 
was called plaustrum, or veha {a,[A,u^a) a waggon or wain ; 
generally with two wheels, sometimes four ; drawn commonly 
by two oxen or more, sometimes by asses or mules. A waggon 
or cart with a coverlet wrought of rushes laid on it, for carrying 
"lung or the like, was called scirpea, properly the coverlet 
itseltj sc. crates ; in plaustra sch'pea lata fuit.^^ A covered cart 
or waggon laid with cloths, for carrying the old or infirm of 

1 Liv. xxxiv. 1. 8. Flor. ^n. ii, 239. Mi!. 10. Att. v. 17. vi. ii. 58. Suet. Gal. 2G. 
i. 18. iii. 2. 10. 5 omittere. 1. Suet. Ner. 30. Caes. Gulb. vi. 18. 

2 Suet. Aug. 45. Asc. Cic. Resp. H. 10, 11. 57. Mart. iii. 47. 11 Tac. Agr. 35, 3fi. 
Cic. Ver. i 59. Fest. Suet. Css. 76, 9 Plin. xxxiii. 11. Gell. Sil. xvii. 418. F(>stus. 

3 iiiv. V. 4l.Suet.Aug. 7 Cic. Phil. ii. 31. S. xv. 30. Hor. Sat. i. 6. Virg. ^En. ix. 330. xii. 
43. Vesp. 5. Rose. 7. Sen. Ep. 12. 104. Feslus. 469. 63-K 737. 

4 and aie glad to touch Ulpian. Aus. Ep. viii. 10 Caes. B. G. iv. 33. 12 Viig. G.iii. 536.0v. 
ihe rope with their 7. Festus, v. l9.V^irg. G. iii. 204. Fast, vi. 780. Varr. L. 
hand, Asc. ib, Viig. 8 Quinctil. i. 9. Cic. Cic. Paiii. vil. C.Phil. h. iv. 3. 



CARRIAGES. 479 

meaner rank, was called arcera, quasi area. The load or 
weight which a wain could carry at once {una vectura)^ was 
called vEHEs, -is?- 

A waggon with four wheels was also called carrus v. -um, by 
a Gallic name, or sarracum, or epirhedium, and by later writers, 
ANGARIA, vel CLABULARE ; also CARRAGiuM, and a fortification 
formed by a number of carriages, carrago.- 

Sarraca Bootas, v. -tis, or plaustra, is put for two constella- 
tions, near the north pole, called the two bears (^Arcti gemince, 
vel du(B ecQKroi), ursa major, named Helicee {Parrhasis, i. e. 
Arcadica), parrhasis arctos,^ from Callisto, the daughter of 
Lycaon, king of Arcadia, Avho is said to have been converted 
into this constellation by Jupiter, and ursa minor called cyno- 
suRA, i. e. xvuog ov^a, canis cauda, properly called arctos, dis- 
tinguished from the great bear (helice).^ 

The greater bear alone was properly called plaustrum, from 
its resemblance to a waggon, whence Ave call it Charles's wain, 
or the Plough ; and the stars which compose it, triones,^ q. 
TERiONEs, ploughing oxen ; seven in number, septemtriones.'' 
But plaustra in the plur. is applied to both bears ; hence called 
GEMINI TRiONEs, also inoccidui V. nunquam occidentes^ because 
they never set; oceani metuentes (squore tingi, afraid of being- 
dipped in the Avaters of the ocean, for a reason mentioned by 
Ovid ; and tardi vel pigri, because, from their vicinity to the pole, 
they appear to move sIoav, neque sequoquam in coslo commovent."' 

The ursa major is attended by the constellation bootes, q. 
buhulcus, the ox-driver, said to be retarded by the sloAvness of 
his Avains, named also arctophylax, q. urscB custos^ custos Ery- 
manthidos urscB^ into Avhich constellation Areas, the son of 
Callisto by Jupiter, Avas changed, and thus joined Avith his 
mother. A star in it of the first magnitude Avas called arcturus, 
q. cc^KTov ovQoc, urscB cauda : stella post caudam urs.e majoris, 
said to be the same Avith Bootes,^" as its name properly implies, 
u^KTov ovQQs, urs<B custos. Around the pole moved the dragon 
{draco v. ancjuis),^^ approaching the ursa major Avith its tail, 
and surrounding the ursa minor Avith its body.^^ 

The principal parts of a carriage Avere, the Avheels (rot^), 
the body of the carriage (capsum, -us, v. -a, ploxemum, v. -us^,^ 
and draught-tree (temo), to Avhicli the animals Avhich drcAV it 
Avere yoked. 

The Avheels consisted of the axletree (axis), a round beam,^^ 

1 Gell. XX. 1. Col. xi. 2. 4 Ov. Met. ii. 50G. Ep. i. 246. O v. Fast. ii. 10 Ov. Met. ii. 506. viii. 

2 Am. Marcellin. xxxi. xviii. va. Fist. iii. 106. 191. Plaut. Arnph. i. aU6. Serv. Vire;. Mn. 
JJO. Cajs. B. G. i. 6. 2ti. Cc. N. D. ii. il. 1.117- i. 744. i\i. 516. G. i. tiT. 
Liv-. X, 'IS. .ruv. iii. 5 Hytrin. Poet. Astron. 8 Cic. Nat. D. ii. 4i. £04. 
2.ir).viii.66.Quiiict. i. b. i. 2. Ov. Pnnt. iv. lU. Ov. Met. ii. 177. .Man, 11 geminas qui separat 

3 .liiv. V. 23. Ov. Met, 39 Mart, vu 58, q. i. 316. Arctos, O v. Met. iii.4o. 
li, 117. Trist. i. 3. 4i 6 Var. L. i.. vi. 4. Gel. 9 the keeper of the Ery- 12 Virg. G i. 244. 
1j'(C. ii. 237. Cic.Aca.t ii. 21. Cic. Nat D. ii. mantliiaii hear, Ov. 13 Feslus. 

\<t.:i<\. 7 Virg, iEn. i. 744. G. Trist. i. 3, 103. 14 lignum v, stljies teres 



480 ROMAN ANTIQUITIES. 

on which the wheel turns; the nave,^ in which the axle moves, 
and the spokes ~ are fixed ; the circumference of the wheel,^ 
composed of fellies,* in which the spokes are fastened, commonly 
surrounded with an iron or brass ring.^ 

A wheel Avithout spokes'' was called tympanum, from its 
resemblance to the end of a drum. It was made of solid boards," 
fixed to a square piece of wood, as an axis, without a nave, and 
strengthened by cross bars,^ with an iron ring around;'^ so that 
the whole turned together on the extremities of the axis, called 
CARDiNEs. Such whcels were chiefly used in rustic wains,^*^ as 
they are still in this country, and called tumbrels. Tympanum 
is also put for a large Avheel, moved by horses or men for 
raising weights from a ship, or the like, by means of pulleys,^^ 
ropes, and hooks, a kind of crane ;^- or for drawing vvater,*-^ 
curva ANTLiA, ancla v. antha («j/rAyi^«,a),^* haustum, v. rota 
c^Mariffl, sometimes turned by the force of water ;^^ the water 
was raised through a siphon,^'' by the force of a sucker,^^ as in a 
pump, or by means of buckets. ^^ Water-engines were also used 
to extinguish fires. ^^ 

From the supposed diui'nal rotation of the heavenly bodies, 
axis is put for the line around which they were thought to turn, 
and the ends of the axis, cardines, vertices, vel poli, for the 
north and south poles. ""^ Axis and polus are sometimes put for 
cxlum or (Btltev ; thus, sub cetheris axe,^^ i. e. sub dio vel aere ; 
lucidus polus ; ^^ cardines mundi quatuoj; the four cardinal points; 
septentrio, the north ; meridies, the south ; oriens, sc. sol, vel 
ortus solis, the east ; occidens, v. occasus soils, the west ; cardo 
eous, the east ; occiduus v. hesperius, the west.^'^ In the north 
Jupiter was supposed to reside; hence it is called domicilium 
Jovis,~'^ sEDEs DEORUM 1^* and as some think, porta cceli :~^ thus, 
tempestas a vertice, for septentrioneP 

The animals usually yoked in carriages were horses, oxen, 
asses, and mules, sometimes camels; elephants, and even lions, 
tigers, leopards, and bears ; dogs, goats, and deer ; also men 
and women.-^ 

Animals were joined to a carriage -^ by what was called jugum, 
a yoke ; usually made of wood, but sometimes also of metal, 

1 modiolus. 11 trochleae. D. ii. 41. Vitruv. ix. 2. Virg. G. iiu 201. 

2 radii. 12 toUeiio, grus, v. ye- Virg. G. i. 242, Pliii. 20 a tempest from the 

3 i)eripheria, v. rot^ pa^-oj, Lucret. iv. 90S. ii. 15. north, lb. ii. 310. 
summae curvatura, Ov. 13 machina haustoria, 2] under tlie canopy of 27 Suet. Ner. U. Claud. 
Met ii. 108. Vilruv. x. 9. heaven, Virg. iEn. ii. 11. Plin. viii. 2. 16. 18. 

4 apsides. 14 John vi. 11. Mart. 5l2. iii. 585. viii. 28. xxxiii. 3. Curl. viii. 9 

5 canthus, Ouinct. i. 5. ix. 19. Suet. Tib. 51. 22 Quinct. xii. 10.67. Sen. Ira, ii, 31. Luc. » 
8. Pars V. 71. Virg. 15 Lucret. v. 317- Stat. Theb. i. 157. Luc. 276. Mart. i. 52. 105 
iEii. V. 274. 16 sipho V. -on, fistula iv. 672. v. 71. Lamprid. Heliog. 28 

6 non radiata. v. canalis. 23 tile mansion of Jove, 29. 

7 tabulae. 17 embolus v. -urn- Serv. Virg./En. ii 693. 28 veliiculo v. ad vehi 

8 transversis asseribus. 18 modioli v. hamae, 24 tha abode of the culum jungebantur 

9 i'errens canthus. Juv. xiv. 30c. gods, Fest. in sinistr.fi Virg. /En. vii. 724. 

10 Prob. Virg. Q.i. 163. 19 Plin. Ep. x. 42. aves. Cic. Att. vi. 1. Suet. 
ii. 444. 20 Cic. Univ. 10. Nat. 25 the gate of heaven Cacs. 31. 



CARRIAGES. 481 

placed upon the neck, one yoke commonly upon two, of a 
crooked form, with a band (curvatura) for the neck of each : 
hence sub jugo cogere, v. jungere ; colla v. cervices jugo subji- 
cere, subdere, submittere, v. supponere, Sf ei'ipere : jugum subire, 
cervice ferre^ detrectare, exuere, a cervicibus dejicere, excutere, 
&c. The yoke was tied to the necks of the animals, and to the 
pole or team, with leathern thongs {lora subjugia).^ 

When one pair of horses was not sufficient to draw a carriage, 
another pair Avas added in a straight line, before, and yoked in 
the same manner. If only a third horse was added, he was 
bound Avith nothing- but ropes, Avithout any yoke. When more 
horses than tAVO AA'ere joined a-breast {cequata fronte), a custom 
AA'hich is said to have been introduced by one Clisthenes of 
Sicyon, two horses only were yoked to the carriage, called 
JUGALEs, jugarii, v. juges (^vyioi) ; '^ and the others Avere 
bound (appensi vel adjuncti) on each side Avith ropes ; hence 
called FUNALES EQui,^ or FUNEs ; in a chariot of four {in quadi^i- 
gis), the horse on the right, dexter, v. primus; on the left, 
SINISTER, IcBvus, V. secundus. This method of yoking horses 
Avas chiefly used in the Circensian games, or in a triumph. 

The instruments by Avhich animals Avere driven or excited, 
Avere, — 1. The lash or Avhip (fiagrum^ v. flagellum, ^acrT/|), 
made of leathern thongs (scutiga, loris horridis)^ or tAvisted 
cords, tied at the end of a stick, sometimes sharpened {aculeati) 
AAith small bits of iron or lead at the end,^ and diAided into 
several lashes {tcsnicB \. lora), called scorpions.^ — 2. A rod 
(AaRGA),^ or goad (stimulus),^ a pole, or long stick, Avith a sharp 
point : hence stimulos alicid adhibere, admovere, addere, adji- 
cere ; stimulis fodere, incitare, Src Adversus stimulum calces, 
sc. jactare, to kick against the goad.^ — And, 3. A spur (calcar),^'^ 
used only by riders : hence equo calcaria addere, subdere^^ SfC. 
Alter frenis eget, alter calcaribus, the one requires the reins, the 
other the spurs, said by Isocrates of Ephorus and Theopompus.^- 

The instruments used for restraining and managing horses, 
AA'ere, — 1. The bit or bridle (fr.enum, pi. -i, v. -a), said to have 
been invented by the Lapithce, a people of Thessaly, or by one 
Pelethronius ; the part Avhich Avent round the ears Avas called 
AUREA ; that Avhich Avas put into the mouth, properly the iron or 
bit, orea ; ^^ sometimes made unequal and rough, like a Avolf's 
teeth, particularly AA'hen the horse Avas headstrong (tenax):^* 

Trpo? Ktvrpa. XoKTireii/, in 12 Cic. Alt. vi. 1. Or, 
stimulos calcitiare,— iii. 9. 

to kick against the 13 Virg. G. iii. 115- 
pricks, Acts, is. 5. PJin. viL 56. Kestus. 

Ill quod calci equitis al- 14 Liv. xxxix. 6. Ov. 
ligetur; ferrata calce Am. iii. 4. 13. durior 

cunctantem impellebat oris equus, ib. ii. 9. 

equum, Sil. vii. 696. 30. 

11 to clap spurs to a 
horse. 

2s 



1 Hor. Od. iii. 9. 13. 


ii. Aus. Ep. xxxv. 10. 


Jerem. xxviii. 13. Ov. 


4 <,*.,T»X„, iMart. X. 62. 


Fast. iv. '21tj. Calo 63. 


5 horribile flasellura, 


Vitruv. X. 8. 


Hor. Sat. i. 3. 117. 


2 Festus. 


6 1 Kings xii. 11. 

7 Juv. iii. 317. Luc. iv. 


3 Suet. Tib. 9. Stat. 


Theb. vi. 461. rmpo^o- 


683. 


foi fftipato., V. Trap>)opoi, 


8 i. e. pertica cum cus- 


Diony. vii. 73. Jsid. 


ride acuta. 


xvii, 35. Zonar. Ann. 


9 Ter.Phorm, i.2. 28.- 



482 ROMAN ANTIQUITIES. 

hence frena lupata,^ or lupi. Frcena injicere, concutere^ accipere, 
majidere, detrahere, laxare, Sfc. Fi-cenum mordere, to be impa- 
tient under restraint or subjection ; but in Martial and Statius,^ 
to bear tamely. The bit Avas sometimes made of gold, as the 
collars (monilia), which hung- from the horses' necks ; and the 
coverings for their backs (strata) were adoi'ned with gold and 
purple.^ — 2. The reins (haben.e, vel lora) ; hence habenas cor- 
7'ipej-e, jlectere, v. mohri, to manage ; dare, immitttre, effundere, 
laxare, permittere, to let out ; adducere^ to draw in, and sup- 
primere.'^ 

To certain animals, a head-stall or muzzle (capistrum) was 
applied, sometimes with iron spikes fixed to it, as to calves or 
the hke, wlien weaned, or with a covering for the mouth {Jis- 
cella) ; hence fiscellis capistrare boves, to muzzle ; (pif^ovuy^ os 
consuere. But capistru?n is also put for any rope or cord; hence 
vitem capisti'O constringcre, to bind ; jumenta capistrare, to tie 
with a lialter, or fasten to the stall.^ 

The person who directed the chariot and the horses, was 
called AURIGA ; ' or agitator f the charioteer or driver ; also 
MODERATOR. But thcsc names are applied chiefly to those who 
contended in the circus, or directed chariots in war, and always 
stood upright in their chariots {insistcbant curribus) : hence 
AURiGARE for cumim regere ; and auriqarius, a person who 
kept chariots for running in the circus.^ 

Auriga is the name of a constellation in which are two stars, 
called H.EDi (the kids), above the horns of Taurus. On the 
head of Taurus, are the Hyades {ab vsiv, pluere), or i^uculaa (a 
suibus),^^ called j9/z<uzVe by Virgil, and tristes by Horace; because 
at their rising and setting, they were supposed to produce rains ; 
on tlie neck, or, as fc;ervius says, ante genua tauri ; in cauda 
tauri septem pleiades, or vergille, the seven stars ; sing. Pleias 
vel plias.^^ 

Agitator is also put for agaso^^ a person who drove any 
beasts on foot. But drivers were commonly denominated from 
th-e name of the carriage ; thus, rhedarius, plaustrarius, &c., or 
of the animals which drew it ; thus, mulio,^"^ commonly put for a 
muleteer, who drove mules of burden ; ^* as equiso for a person 
who broke or trained horses ^^ to go with an ambling pace ; under 
the magister equorum, the chief manager of horses. The horses 
of Alexander and Caesar would admit no riders but themselves.^^ 

1 Hor. Od. i.8.6.Virg. G. iii. 1S8. 399. Plin. xxii. 24. Pliii. Ep. ix. 13 Virg. G. i.273.Siu-t. 
G. iii. £08. Ov. Am. i. xviii. 19. 6. Virg. Luc. viii. 1;.9. Ner. 30. Sen. Kp. S7 
2. 15. Trist. iv. 6. 4. 6 Sen. Ep.47. Culumel. 10 Serv. Virg. Mn. \x. iVlart. ix. 5S. xii. ^4. 
Stat. AchiL i. 281. iv. 20. vi. 19. tiliS. Cic. Nat. D. ii. 14 muli clilellarii.Mart. 

2 Mart. i. 105. Stat. 7 ^wo;tos, qui lora tene- 43. Pliu. ii. 39. Gell. x. 2. 76. 

Sylv, i. 2. 28. Cic. bat. xiii. 9. 15 equorum domitor, 

Kara. xi. 23. 6 eXar^t. 11 Ov. Ep. xviii. 188. qui tolutim incedore, v. 

3 Virg. xEii. vii. 279. 9 Ov. Met. ii. 327. Cic. Plin. ii. 41. Serv. Virg. badizare docebat. 

4 Ov. Am. i. 13. 10. Att. xiii. 21. Acad. iv. G. i. 137. iEii. iii. 510, 16 Var. Curt. iv. .^.Dio. 

5 Deut. XXV. 4. Virg. 29. Suet. Cal. i>l Ncr. 12 qui jumenta agebat. xxxvii. 5!. Plinviii 12. 



OF THE CITY. 483 

The driver commonly sat behind the pole, with the ^vhip in 
his right hand, and the reins in the left; hence he was said 
stdere prima sella, scdere temone, v, primo temone, i. e. in sella 
proxima temoni, and temone labi, v. excuti, to be thrown from 
his seat ;^ sometimes dressed in red,^ or scarlet ; '^ sometimes he 
walked on foot. When he made the carriage go slower, he was 
said, currum equosque sustinere ; Avhen he drew it back or 
aside, retorquere et avertere.^ Those who rode in a carria^re or 
on horseback were said vein, or portari, evehi, or invehi ; those 
carried in a hired vehicle/ vfxtores : so passengers in a ship ; 
but vector is also put for one who carries : fulminis vector, i. e. 
aquilo, as vehens and invehens, for one who is carried.^ When 
a person mounted a chariot, he was said currum conscendere, 
ascendere, inscendere, et insilire, which is usually applied lo 
mounting- on horseback, saltu in currum emicare ; when helped 
up, or taken up by any one, curru v. in currum tolli. The time 
for mounting in hired carriages Avas intimated by the driver's 
moving his rod or cracking his whip ; ' to dismount, descendere 
V. desilire. 

The Romans painted their carriages Avith different colours, 
and decorated them with various ornaments, with gold and 
silver, and even with precious stones, as the Persians.^ 

OF THE CITY. 

Rome was built on seven hills {colles, monies, arces^ vel juga, 
nempe, Palatinus, Quirinalis, Aventinus, Ccslius, Viminalis, Ex- 
quilinus, et Janicularis) ; hence called urbs septicollis, or sep- 
TEMGEMiNA ; by the Greeks, k'77Ta,'ho(pog, and a festival Avas 
celebrated in December, called septimontium, to commemorate 
the addition of the seventh hiil.^ 

The Janiculum seems to be improperly ranked by Servius 
among the seven hills of Rome ; because, though built on, and 
fortified by Ancus, it does not appear to have been included 
within the city, although the contrary is asserted by several 
authors.^" The collis Capitolinus, vel Tarpeius, Avhich Servius 
omits, ought to have been put instead of it. The Janiculum, 
collis Hortulorum, and Vaticanus, Avere afterwards added. 

1. Mans PALATINUS, vel palatium, the Palatine mount, on 
which alone Romulus built.^^ Here Augustus had his house ; 
and the succeeding emperors, as Romulus had before : hence 



1 Virg. ^n. xii. 470. 


39. Sen. En. 87. Cic. 


855. 


iv. 1. 6. Serv. ^n. vi. 


Phadr. iii. 6. Stat. 


Att. xiii. 21. Virg. 


7 Virg. xii. 327. Juv. 


7S4. G. ii. 535. Sueu 


Sj-lv. i, 2. 14i. Prop. 


iEn.xii. 4S5. 


iii. 317. 


l).)m. 4. Plut. O. Rom. 


iv.8 


5 Tehiculo meritorio. 


8 Serv. Virg. ma. viii. 


68. Festus. 


2 canusinatus, i. e. ves- 


6 Cic. Nat. D.i. 28. iii. 


666. Plin. xxxiii. 3. 


10 Liv. i. 33. ii, 10. 51. 


te Canusii confecta in- 


37. 3. Clar. Or. 97. 


Juv. vii. 125. CurL iii. 


Dio. -37. Gell. XV. «. 


dutus, Suet. Ner. 30. 


Just. xi. 7. Gell. V. 6. 


3. X. 1. Ov. Met. ii. 


Eutrop. i. 5. 


3 cocco, iMart. x. 76. 


Juv. xii. 63. Ov. Fast. 


107. 


11 Liv. i. 5. 


4 Liv. j. 4S. Diony. iv. 


). 133. Stat. Theb. is. 


9 Stat. Sylv. i. 2. I'Jl. 






2s2 

» 





484 ROMAN ANTIQUITIES. 

the emperor's house was called palatium, a palace, domus pala- 
TiNA ; ^ and in later times, those who attended the emperor were 
called PALATINI. 

2. Capitolinus, so called from the capitol built on it, formerly 
named saturnius, from Saturn's having- dwelt there, and tar- 
PEius, from Tarpeia, who betrayed the citadel to the Sabines, to 
whom that mount was assigned to dwell in.^ 

3. Aventinus, the most extensive of all the hills, named from 
an Alban king of that name, Avho was buried on it ; the place 
which Remus chose to take the omens, therefore said not to 
have been included within the Pomaerium^ till the time of 
Claudius. But others say, it was joined to the city by Ancus, 
called also collis iwurcius, from Murcia, the goddess of sleep, 
who had a chapel (sacellum) on it ; collis dian^, from a temple 
of Diana ; * and remonius, from Remus, who wished the city to 
be founded there. 

4. QuiRiNALis is supposed to have been named from a temple 
of Romulus, called also Quirinus, which stood on it, or from 
the Sabines, who came from Cures, and dwelt there : added to 
the city by Servius ; ^ called in later times, mons Caballi, or 
Caballinus, from two marble horses placed there. 

5. CiiiLius, named from ciiLKs Vibenna, a Tuscan leader, who 
<:aiae to the assistance of the Romans against the Sabines, with 
a body of men, and got this mount to dwell on; added to the 
city by Romulus according to Dionys. ii. 50, by Tullus Hosti- 
lius, according to Liv. i. 30, by Ancus Martius, according to 
Strabo, v. p. 234', by Tarquinius Priscus, according to Tacit. 
Ann. iv. G5; anciently called querquetulanus, from the oaks 
which gi-ew on it ; in the time of Tiberius ordered to be called 
AUGUSTUS ; '' afterwards named lateranus, where the popes long 
resided, before they removed to the Vatican, 

6. Viminalis, named from thickets of osiers which grew there,' 
or FAGUTALis {fvomfaQi, beeches); added to the city by Servius 
Tullius.8 

7. ExQuiLiNus, ExquilicE, vel Esquilice^ supposed to be named 
from thickets of oaks {cBSCukta) which grew on it, or from 
watches kept there (excubice); added to the city by Servius 
Tullius.^ 

Janiculum, named from Janus, who is said to have first built 
on it, the most favourable place for taking a view of the city.^" 
From its sparkling sands, it got the name of mons Aureus, and 
by corruption montorius. 

Vaticanus, so called, because the Romans got possession of 



1 Suet. Aug. 72. Claud. 


3 Liv. i. 3. 6. Gel. xiii. 


Fast. iv. 375 


Liv. i. 


8 Plin.xvi.lO. Liv.i.4'1, 


17. Vesp. 25. D. 15. 


14. Sen. Bre%-. Vit. 11. 


44. Festus. 




9 Var. L. L. iv. 8 Ov. 


.Oio. diii. 16. 


4 Liv. i. 33. Diony iii. 


6 Var. L. L. iv 


8. Tac. 


Fast. iii. 246. Liv. i. 44. 


2 Justin, xliii. 1. Virg. 


43. .Stat. Silv. ii. 3. oi. 


An.iv.64. .Suet 


Tib.48. 


10 Virg. JEn. vii. 358. 


ib. Dioiiy. ii. 38. Liv. 


Festus. 


7 viniinein, Vii 


■r. ibid. 


Ov. Fast. i. 246. Man. 


i. 1). 3J. 


5 Hur. Ep. ii. SC8. Ov. 


Juv. lii. 71. 




iv. 64. vii. lb. 



OF THE CITY. 485 

it, by expelling the Tuscans, according- to the counsel of the 
soothsayers {votes) ; or from the predictions uttered there, 
adjoining to the Janiculum, on the north side of the Tiber,^ 
disliked by the ancients, on account of its bad air,^ noted for 
producing bad wine,^ now the principal place in Rome, where 
are the pope's palace, called St Angelo, the Vatican library, 
one of the finest in the world, and St Peter's church. 

CoLLis HORTULORUM, SO Called, from its being originally 
covered with gardens ; * taken into the city by Aurelian ; after- 
wards called piNcius, from the Pincii, a noble family who had 
their seat there. 

The gates of Rome at the death of Romulus were three, or at 
most four ,• in the time of Pliny thirty-seven, when the circum- 
ference of the walls was thirteen miles 200 paces; it was divided 
by Augustus into fourteen regiones, wards or quarters.^ 

The principal gates were, — 1. Porta flaminia, through which 
the Flaminian road passed ; called also flumentana, because it 
lay near the Tiber. — 2. Collina {a coUibus Quirinali et Fiminali), 
called also quirinalis, agonensis vel salaria. To this gate 
Hannibal rode up, and threw a spear within the city.'' — 3. Vi- 
MiNALis. — 4. Esquilina, anclcntly Metia, Labicana, vel Lavicana, 
without which criminals were punished.' — 5. Njivia, so called 
trom one Naevius, who possessed the grounds near it. — 6. Car- 
MENTALis, through Avhich the Fabii went, from their fate called 
scelerata. — 7. Capena, through which the road to Capua 
passed. — 8. Triumphalis, through which those who triumphed 
entered,^ but authors are not agreed where it stood. 

Between the Porta Viminalis and Esquilina, without the wall, 
is supposed to have been the camp of the pr.etorian cohorts, or 
milites PR^TORiANi, a body of troops instituted by Augustus to 
guard his person, and called by that name, in imitation of the 
select band which attended a Roman general in battle,^ com- 
posed of nine cohorts, according to Die Cassius, often, consist- 
ing each of a thousand men, horse and foot,^" chosen only from 
Italy, chiefly from Etruria and Umbria, or ancient Latiuni. 
Under Viteliius sixteen prfetorian cohorts were raised, and four 
to guard the city. Of these last, Augustus instituted only three.^^ 

Severus new-modelled the praetorian bands, and increased 
them to four times the ancient number. They were composed 
of the soldiers draughted from all the legions on the frontier. 
They were finally suppressed by Constantine, and their fortified 
camp destroyed.^- 

1 Hor. Od. i. 20. Qell. 5 Plm. iii. 5. s. 9. Ann. ii. 32. Cal. 45. 

xvi. 17. Festus. 6 Liv. v. 41. xxxvi. 10. S Cic. Pis. 23. Suet. 11 Tac. Ann. iv. 5 

2 infamis aer, Frontin. Plin. xxxiv. 6. s. \b. Aue. 101. Varr. L. L. Hist. i. 81. ii. 93. 
Tac Hist. ii. 93. Cic. Fin. iv. 9. Tac. iv. 3-l.Liv. ii.49.Fest. 12 Herodian, iii. 41. 

3 Mart. vi. 9:i. xii. 18. Hist. iii. 82- Festus, 9 see p. SiO. Dio. Ixxiv. 2. Aurel. 
14. 7 Pbut. Cas. ii. ti. 2. 10 Tac. Ann. iv. S.Dio. Victor. Zosim. ii. \,. 

4 Suet. Ner. 50. Hor, Ep. v. 99. Tac. Iv. ii4. Suet. Auj;. 19. SU. roiiesyric, 9. 

-Z s 3 



486 ROMAN ANTIQUITIES. 

Those only were allowed to enlarg-e the city ^ who had 
extended the limits of the empire. Tacitus, however, observes, 
that although several generals had subdued many nations, yet 
no one after the kings assumed the right of enlarging the 
pomasrium, except Sylla and Augustus, to the time of Claudius. 
But other authors say, this was done also by Julius Caesar. The 
last who did it was Aurelian.^ 

Concerning the number of inhabitants in ancient Rome, we 
can only form conjectures. Lipsius computes them, in its most 
flourishing state, at four millions. 

PUBLIC BUILDINGS OF THE ROMANS. 

I. Temples. Of these the chief were, 

I. The CAPITOL, so called because, Avhen the foundations of it 
were laid, a human head is said to have been found (caput Oil 
vel Toli ciijusdam), with the face entire ; ^ built on the Tarpeian 
or Capitoline mount, by Tarquinius Superbus, and dedicated by 
Horatius ; burned A. U. 670, rebuilt by Sylla, and dedicated 
by Q. Catulus, A. U. G75 ; again burned by the soldiers of 
Yitellius, A. D. 70, and rebuilt by Vespasian. At his death it 
was burned a third time, and restored by Domitian, with greater 
magnificence than ever.* A few vestiges of it still remain. 

Capitolium is sometimes put for the mountain ou which the 
temple stood, and sometimes for the temple itself.^ The edifice 
of the Capitol was in the form of a square, extending nearly 
J200 feet on each side. It contained three temples,'' consecrated 
to Jupiter, Minerva, and Juno. The temple of Jupiter was in 
the middle, whence he is called media qui sedet <sde deus, the 
god who sits in the middle temple. The temple of Minerva 
was on the right,' whence she is said to have obtained the 
honours next to Jupiter \^ and the temple of Juno on the left,^ 
Livy, however, places Juno first, iii. 15, So also Ovid, Trist. 
ii. 291. 

The Capitol was the highest part in the city, and strongly 
fortified ; hence called arx ;^" Capitolium atque arx, arx Capitolii. 
The ascent to the Capitol from the forum was by 100 steps. It 
was most magnificently adorned ; the very gilding of it is said 
to have cost 12,000 talents, i. e. £1,976,250 ; ^^ hence called 
AUREA, and fulgens. The gates were of brass, and the tiles 
gilt.^^ 

1 pomaerium prof'erre. 4 Tac. Hist, iii.72. Liv. taraenoccupavit Pallas possit liostis prohiberi, 

2 lac. Aiin.xii.23. Cic. ii. 8. Suet. Dom. 5. honores, Hor. Od.i. Var. L. L. iv. 32. vel 
Alt. xiii. 20. 33. 35. 5 Liv. i. 10. 33. 38. ii. 12.19. ab ««pos, summus. 
Dio. xliii-. 49. xllv. -ay. 8. iii. 18. vi. 4. S P. Victor, in d'-scr. 11 Plut. Popl. Tac.Hist. 
Gell. xiii. 14. Vopisc. 6 aed.-s, teinpla, cellx Rom. Res'onis, viii. iii. 71. Liv. ii. 49. iii. 
Aurel. 21. vel delubra, 10 Virg. Tlin. viii. 652. 15. viii. 6. Flor. iii. 21. 

3 lacie Integra, Liv. i. 7 Liv. vi. 4. Diuny. iv. vel ab aiceo, quod is 12 Virg. ib. 318. Piiii. 
38. 55. Diony. iv. 59. 61. Cv. Pont. iv. 9. '32. sit locus inuriilissimus xxxiii. 3. Hor. Od. iii. 
Sen Virg..Kn. viii. 345. 8 proximos iili, sv. Jovi, uibis, a quo facidiine 3, 43. Liv. x. 2'i 



PUBLIC BUILDINGS. 487 

The principal temples of other cities were also called by the 
name of Capitol.^ 

In the Capitol were likewise temples of Terminus,' of Jupiter 

eretrius, &c. ; casa Romuli, tlie co 
w'ith straw,^ near the Curia Calabra. 

Near the ascent of the Capitol, was the asylum, or sanctuary/ 
which Romulus opened,'' in imitation of the Greeks.^ 

2. The PANTHEON, built by Agrippa, son-in-law to Augustus, 
and dedicated to Jupiter Ultor,^ or to Mars and Venus, or, as 
its name imports, to all the gods ; ^ repaii'ed by Adrian, conse- 
crated by pope Boniface IV, to the Virgin Mary, and All- 
Saints, A. D. 607, now called the Rotunda, from its round 
figure, said to be 150 feet high, and of about the same breadth. 
The roof is curiously vaulted, void spaces being left here and 
there for the greater strength. It has no windows, but only an 
opening in the top for the admission of light, of about 25 feet 
diameter. The walls on the inside are either solid marble or 
incrusted. The front on the outside was covered with brazen 
plates gilt, the top with silver plates, but now it is covered Avith 
lead. The gate Avas of brass of extraordinary work and size. 
They used to ascend to it by twelve steps, but now they go 
down as many; the earth around being so much raised by the 
demolition of houses. 

3. The temple of Apollo built by Augustus on the Palatine 
hill, in which was a public library, where authors, particularly 
poets, used to recite their compositions, sitting in full dress,^'-' 
sometimes before select judges, who passed sentence on their 
comparative merits. The poets were then said committi, to be 
contrasted or matched, as combatants ; and the reciters, commit- 
tere opera. Hence Caligula said of Seneca, that he only com- 
posed coMMissiONEs, showy declamations.^^ 

A particular place is said to have been built for this piu'pose 
by Hadrian, and consecrated to Minerva, called atheneum.^^ 

Authors used studiously to invite people to hear them recite 
their works, who commonly received them with acclamations; 
thus, bene, pulchre, belle, euge ; non potest melius, sophos, i. e. 
sapienter {p(i<pag\ scite, docte, and sometimes expressed theii 
fondness for the author by kissing him.^'^ 

4. The temple of Diana, built on the Aventine mount, at the 
instigation of Servius Tullius, by the Latin states, in conjunc- 
tion with the Roman people, in imitation of the temple of Diana 

1 Suet. Gal, 47. Sil. -267. Contr. i. 6. liii. :^.7. 12 Aur. Vict. Cai.itol. 
Gell. xvi. 13. Plaut. 5 Liv. i. 8. 9 Spart. 19. see p. 258. in Gordian. 3. Pertin. 
Cure W. 2. 19. 6 see p. 37. 10 Su t. Aug. 29. Veil. 11. 

2 Liv. i. 54. see p. 232. 7 Serv. Virg. .^n. viii. ii. SI. Hor. Ep. i. 3. 13 Dialog. Or. 9. Plin. 

3 Liv. iv. 20. V. 53. 342. ii. 701, Stat. 17. Sat. i. 10. 3a. Pers. Ep. ii. 14. Cic. Or. iii. 
Nep. Att. 20. Vitruv. Thcb. xii. 493. Liv. i. 15. 26. Hor. Art. p. 428. 
ii. 1. Sen. Hslv. 9. xxxv. 51. Cic. Vcrr. i. 11 Suet. Aug. 45. 89. Pers. i. 49. 84. Maru 

4 IMacroh. Sat. i 1. Gv. 33. Tac. Ann. iv. 1-1. CLmkI. 1. 63. Juv. vi, i. 4. 7. 50, 37. a7, 4. 
fast. iii. 18--. ,'5Cii. 8 Pan. Mxvi IJ. Dio. iob. ?,-, 9, 14. ii. 



488 ROMAN XNTIQUITIES. 

at Ephesus, which was huilt at the joint expense of the Greek 
states in Asia.* 

5. The temple of Janus, built by Numa,^ with two brazen 
gates, one on each side, to be open in war, and shut in time of 
peace ; shut only once during the republic, at the end of the 
first Punic war, A. U. 529,^ thrice by Augustus,* first after the 
battle of Actium, and the death of Antony and Cleopatra, A. U. 
725, a second time after the Cantabrian war, A. U. 729 ; about 
the third time, authors are not agreed. Some suppose this 
temple to have been built by Romulus, and only enlarged by 
Numa ; hence they take Janus Quirini for the temple of Janus, 
built by Romulus.^ 

A temple was built to Romulus by Papirius, A. U. 459, and 
another by Augustus.** 

6. The temples of Saturn, Juno, Mars, Venus, Minerva, Nep- 
tune, &c., of Fortune, of which there were many, of Concord, 
Peace, &c. 

Augustus built a temple to Mars Ultor in the forum Augusti. 
Dio says in the Capitol,' by a mistake either of himself or his 
transcribers. In tliis temple were suspended military standards, 
particularly those which the Parthians took from the Romans 
under Crassus, A. U. 701, and which Phraates, the Parthian 
king, afterwards restored to Augustus, together with the cap- 
tives ; Suetonius^ and Tacitus say, that Phraates also gave 
hostages. No event in the life of Augustus is more celebrated 
than this ; and on account of nothing did he value himself more, 
than that he had recovered, without bloodshed, and by the mere 
terror of his name, so many citizens and warlike spoils, lost by 
the misconduct of former commanders. Hence it is extolled by 
the poets,'-* and the memory of it perpetuated by coins and 
inscriptions. On a stone, found at Ancyra, now Angouri in 
Phrygia,^'* are these words : parthos trium exercituum romano- 
RUM (i. e. of the two armies of Crassus, both son and father, and 
of a third army, commanded by Oppius Statianus, the lieutenant 
of Antony),^^ spolia et signa remittere mihi, supplicesque ami- 
ciTiAM popuLi ROMANi PETERE coEGi, I Compelled the Parthians 
to restore to me the spoils and standards of three Roman armies, 
and to beg as supplicants the friendship of the Roman people , 
and on several coins the Parthian is represented on his knees 
delivering a military standard to Augustus, with this inscrip- 
tion, CIVIB. ET SIGN. MJLIT. A. PARTHIS. REGEP. vel RESTIT. Vcl 
KECUP. 



1 Liv. i. 45. 


e. templum J 


ni belli 


6 Liv.x.46.Dio.liv. 19. 


21.Tac. Ann.ii. 1. 


2 index belli et pacis. 


poteiitis, ter 


clausit. 


7 Suet. Aug. 29. Ov. 


9 Hor. Od. iv. 15. 6. 


8 Liv. i. J9. Veil. ii. 


Suc-t. Aus, '^i 


Jaiiuin 


Fast.v.551.Dio.liv.8. 


Ep. i. 18. 5C. Ov. Trist. 


38. Plin. xxxiv. 7. 


O.iirini, Hor. 


Od, iv. 


8 Dio. xL 27. liii. 2:S. 


ii. 227. Fast. vi. 465. 


tiexv. Virg, i. 2'J-i. vii. 






liv. 8. Vel. ii. 91, Just. 


Virg. .En. vii. 606. 


607. 


5 Ai.cn.b. Sat. 


. 9 Dio. 


xlii. 5. Flor. iv. 12. 


10 in lapide Ancyrano. 


4Ja.n«m Q„irinum, i. 


11. w. liii, ;io 




liulr. vii. 5. Suet. Aug. 


11 Dio.xl.5il.-^4 xlix.-25. 



PUBLIC BUILDINGS. 489 

II. Theatres, see p. 296, amphitheatres, p. 2S3, and places 
for exercise or amusement. 

Odeum {alsou, from xhcj, cano), a building-, where musicians 
and actors rehearsed, or privately exercised themselves, before 
appearing on the stage.^ 

NxMPHiEUM, a building- adorned -with statues of the nymphs, 
and abounding-, as it is thought, with fountains and waterfalls, 
which aflForded an agreeable and refreshing- coolness ; borrowed 
from the Greeks, long- of being introduced at Rome, unless we 
suppose it the same with the temple of the Nymphs mentioned 
by Cicero.^ 

CiRCi. The emeus maximus, see p. 274. Circus flaminius, 
laid out by one Flaminius: called also Apollinaris, from a 
temple of Apollo near it; used not only for the celebration of 
games, but also for making- harangues to the people.^ 

The CIRCUS niAXiMus was much frequented by sharpers and 
fortune-tellers {sortilegi), jugglers {pr(BStigiatores), &c. ; honce 
called FALLAX.* 

Several new circi were added by the emperors Kero,^ Cara- 
calla, Heliogabalus, &c. 

Stadia, places nearly in the form of circi, for the running of 
men and horses. Hippodromi, places for the running or coui's- 
ing of horses, also laid out for private use, especially in country 
villas;^ but here some read Hypodromus, a shady or covered 
walk, which indeed seems to be meant, as Sidon. Ep. ii. 2. 

Palestr.e, gymnasia, et xysti, places for exercising the ath- 
letas," or pancratiastcB, who both Avrestled and boxed.^ 

These places were chiefly in the caiipus hiartius, a large plain 
along the Tiber, Avhere the Roman youth performed their exer- 
cises, anciently belonging to the Tarquins ; hence called superbi 
REGIS ager ; and after their expulsion, consecrated to Mars ; 
called, by way of eminence, campus : put for the comitia held 
there; hence ^brs domina campi : or for the votes ; hence venalis 
campus, i. e suffragia ; campi nota, a repulse : or for any thing 
in which a person exercises himself; lience latissimus dicendi 
campus, in quo liceat oratori vagari libere, a large field for 
speaking ; campus, in quo excurrere virtus, cognoscique possit 
a field wherein to display and make knoAvn your virtues. '^ 

Naumachi-e, places for exhibiting naval engagements, built 
nearly in the form of a circus; vetus, i.e. Naumachia Circi 
Maxirni ; augusti ; domitiani. These fights were exhibited 
also in the circus and amphitheatre.^*^ 



1 Cic. Att.iv. 16. Suet. 


4 Hor. Sat. i. C. 113. 


bant, i. e. omnibus vi- 


iv. 35. Pis. 


2. Slur. 8. 


Dom. 5. 


5 Tac. Ann. xiv. 14. 


ribus, ~av KpoLTos, Sen. 


Val. Max. 


vi. 9. 14. 


2 Mil. 27. Arusp. 27. 


6 Suet. Caes. 39. Dom. 


Ben. V. 3. Gell. iii. 15. 


Luc. i. 180. 




P.in. XXXV. 12. s. 43. 


5. Pl ut. Bacch. iii. 3. 


xiii. 27. yuinct. 9. 


10 Suet. Tit 


7. -43. Tib. 


Capitol. Gord. 32. 


ii7. Mart. xii. 50. Pliu. 


9 Juv. vi. 523. Liv. ii. 


5. 7-'. Mart 


S]>ect. 2ii. 


3 Liv. iii. 54. 63. Cic. 


Ep. V. 6. 


5. Hor. Od. iii. 1. 10. 


see p. 2S0. 




r"st Red. Sen. b. Suet. 


7 see p. 277, 278. 


Cic. Cat. i. o.Ofl. i.lS. 






iJ, 


8 qui pancratio ceitu- 


•29. Or. iii. 4-2. Aca.l. 







490 ROMAN ANTIQUITIES. 

III. CuRi^, buildings where the inhabitants of each curia 
met to perform divine service/ or where the senate assembled 
(senagula).^ 

IV. Fora, public places. Of these the chief was, forum ro- 
manum, vetus, vel magnum, a large, oblong-, open space, between 

he Capitoline and Palatine hills, now the cow-market, where 
the assemblies of the people were held, where justice was 
administered, and public business transacted,^ &c., instituted by 
Romulus, and surrounded with porticos, shops, and buildings, 
by Tarquinius Priscus. These shops were chiefly occupied by 
bankers (argentarii), hence called argentari.e, sc. taberncs, 
VETEREs ; hence ratio pecuniarum, qu(B inforo vermtur, the state 
of money matters ; jidem de foro tollere, to destroy public 
credit ; inforo versari, to trade ; * foro cedere, to become bank- 
rupt, vel in foro eum non habere ; but de foro decedere, not to 
appear in public ; inforo esse, to be engaged in public business, 
vel dare operam foro ; fori tabes, the rage of litigation ; in 
alicno foro litigare, to follow a business one does not understand.^ 

Around the forum were built spacious halls, called basilic.k, 
Avhere courts of justice miglit sit, and other public business be 
transacted ; '' not used in early times, adorned with columns and 
porticos,^ afterwards converted into Christian churches. The 
forum was altogether surrounded by arched porticos, with 
proper places left for entrance." 

Near the rostra stood a statue of Marsyas, vel -a, who having 
presumed to challenge Apollo at singing-, and being vanquished, 
was flayed alive.'-' Hence his statue was set up in the forum, to 
deter unjust litigants. 

There was only one forum under the republic. Julius Caesar 
added another, the area of which cost h. s. millies, i. e. £807,291 : 
13 : 4, and Augustus a third ; hence trina fora, triplex forum. ^'^ 
Domitian began a fourth forum, which was finished by Nerva, 
and named, from him, forum nerv.e ; called also transitorium, 
because it served as a convenient passage to the other three. 
But the most splendid forum was that built by Trajan, and 
adorned with the spoils he had taken in war.^'^ 

There were also vai'ious fora, or market-places, where certain 
commodities were sold ; thus, forum boarium, the ox and cow 
market, in which stood a brazen statue of a bull, adjoining to the 
Circus Maxiraus ; ^- suarium, the swine-market ; piscarium, the 
fish-market; olitorium, the green-market; forum cupedinis, 
where pastry and confections were sold ; all contiguous to one 



1 Var. L. L. \v. 32. see 


29. 


7 Cic. Ver. iv. 3. v. 58. 


24. Ov. Tiist. iii. 12. 


p. 1. 


5 Cic. Rab. Post. 15. 


At. iv.lG.Livr.xxv5,27. 


24. Sen. Ira, ii. 9. 


2 see p. 7. 


Nep. Att. 10. Cat. 1. 


8 I.iv. xli. 27. 


Mart. iii. 38. '\. 


a seep. 68, 88, 105, &c. 


Sea. Ben. iv. 39. Taj. 


9 Hor. Sat. i. 6. 120. 


11 Lamprid. Alex. 2S. 
Marcellin. xvi. 6.QelI. 


4 Diony. ii. 60. Liv. i. 


An. xi. 6. Plaut. Asin. 


Liv. xxxviii. 13. Ov. 


35. xxvi. 11. Plaut. 


ii. 4. 2i. Mart. Pra;f. 


Fast. vi. 707. 


xiii. 23. Suet. Dora. 5 


Cure. iv. L 19. Cc. 




1 Suet. Jul. 26. I'lin. 


12 lac. xii. 24. Oif. 


Man. 7. Rul. i. S.Flac. 


6 see p. 103. 


xxix. 31. xxxvi. 15. s. 


Fust. vi. 477. Feslus. 



PUBLIC BUILDINGS. 401 

another, along the Tiber. When joined together, called macel- 
LUM, from one IVIacellus, whose house had stood there.^ Those 
who frequented this place are enumerated, Ter. Eun. ii. 2. 25. 

V. PoRTicus, or piazzas, were among the most splendid orna- 
ments of the city. They took their names either from the 
edifices to Avhich they were annexed, as porticus Concordias, 
Apollinis, Quirini, Herculis, theatri, circi, amphitheatri, &c., 
or from the builders of them, as porticus Pompeia, Livia, Octa- 
via, Agrippa, &c., used chiefly for walking in, or riding under 
covert. In porticos, the senate and courts of- justice were some- 
times held.^ Here also those who sold jewels, pictures, or the 
like, exposed their goods. 

Upon a sudden shower, the people retired thither from the 
theatre. Soldiers sometimes had their tents in porticos. There 
authors recited their works, philosophers used to dispute,^ par- 
ticularly the Stoics, whence their name (from aroa,, porticus)^ 
because Zeno, the founder of that sect, taught his scholars in a 
portico at Athens, called Poecile,* adorned with various pictures, 
particularly that of the battle of Marathon. So also Chrysippi 
porticus, the school of Chrysippus,^ Porticos were generally 
paved,'' supported on marble pillars, and adorned with statues.' 

VI. CoLUMN-E,^ columns or pillars, properly denote the props 
or supports ^ of the roof of a house, or of thfe principal beam on 
which the roof depends ; ^" but this term came to be extended 
to all props or supports whatever, especially such as are orna- 
mental, and also to those structures which support nothing, 
unless perhaps a statue, a globe, or the like. 

A principal part of architecture consists in a knowledge of 
the different form, size, and proportions of columns. Columns 
are variously denominated, from the five different orders of 
architecture, Doric, Ionic, Corinthian, Tuscan, and Composite, 
i. e. composed of the first three. The foot of a column is called 
the base (basis)^^ and is always made one half of the height of 
the diameter of the column. That part of a column on which it 
stands is called its pedestal {stylobates, vel -to), the top, its 
chapiter or capital {epistylium, caput vel capitulum), and the 
straight part, its shaft [scapus). 

Various pillars were erected at Rome in honour of great 
men, and to commemorate illustrious actions. Thus, columna 
^NEA, a brazen pillar on which a league with the Latins Avas 
written ; ^^ columna rostrata, a column adorned with figures of 
ships, in honour of Duilius, in the forum,^^ of white marble, still 

1 Varr. L. L. iv. 32. Or. ii. 20. Prop. ii. 3a. 6 pavimentatse, Cic. 

2 Ov. Art. Am. i. 67. 45. Dom. 44. Q. Fr. iii. 1. 
»:ic. Dom. 44. Ap. Bel. 4 iro^.Ki.Xr,, varia, picta. 7 Sen. Ep. 115. Ov. F. 
Civ. ii. p. 5(10. see p. o Cic. Mur. 29. Pers. v. 563. Trist. iii. 1. 59. 
376. iii. 53. Nep. Kiilt. 6. Prop. ii. 23. 5. Suet. 

3 Vitr. V. 9. Tac. Hist. Hor. Sat. ii. 3. 44. see Aug. 31. 
i, 31. Juv. i. 12. Cin. p. 376. ri »T7)\ai, vel arvAo.. 



!) fulcra. 






10 coliimen. 




11 Pli... 


XXXVI 


. 23. 


56. 






12 Plin. 


xxxiv. 


5. Li 


ii. 33. 






13 see p. 


,327. 





492 KOMAN ANTIQUITIES. 

remaining Avith its inscription; another in the Capitol, erected 
by M. Fulvius, the consul, in the second Punic war, in honour 
of Caesar, consisting- of one stone of Numidian marble near 
twenty feet high ; another in honour of Galba.^ But the most 
remarkable columns Avere those of Trajan and Antoninus Pius. 

Trajan's pillar was erected in the middle of his forum, com- 
posed of twenty-four great pieces of marble, but so curiously 
cemented as to seem but one. Its height is 128 feet, according- 
to Eutropius, 144 feet. It is about twelve feet diameter at the 
bottom, and ten at the top. It has in the inside 185 steps for 
ascending- to the top, and forty windoAvs for the admission of 
light. The Avhole pillar is encrusted Avith marble, on Avhich are 
represented the Avarlike exploits of that emperor, and his army, 
particularly in Dacia. On the top Avas a colossus of Trajan, 
holding in his left hand a sceptre, and in his right a hollow 
globe of gold, in Avhicli his ashes Avere put; but Eutropius 
affirms his ashes Avere deposited under the pillar.- 

The pillar of Antoninus Avas erected to him by the senate 
after his death. It is 176 feet high, the steps of ascent 106, the 
AvindoAvs 56. The sculpture and other ornaments are much of 
the same kind Avith those of Trajan's pillar, but the Avork 
greatly inferior. 

Both these pillars are still standing, and justly reckoned 
among the most precious remains of antiquity. Pope Sextus 
v., instead of the statues of the emperors, caused the statue of 
St Peter to be erected on Trajan's pillar, and of St Paul on 
that of Antoninus. 

The Romans Avere uncommonly fond of adorning their houses 
Avith pillars,^ and placing statues betAveen them,* as in temples. 
A tax seems to have been imposed on pillars, called columnarium.^ 

There Avas a pillar in the forum called coiumna Masnia, from 
C. Mtenius, Avho, having conquered the Antiates, A. U. 417, 
placed the brazen beaks of their ships on the tribunal in the 
forum, from Avhich speeches Avere made to the people ; hence 
called ROSTRA.*^ Near this pillar, slaves and thieves, or fraudu- 
lent bankrupts, used to be punished. Hence insignificant, idle 
persons, Avho used to saunter about that place, Avere called 
coLUMNARii, as those Avho loitered about the rostra and courts of 
justice Avere called subrostrani and subbasilicarii,^ compre- 
hended in the turha foremis, or plebs urbana, Avhich Cicero 
often mentions. 

VII, Arcus triumphales, arches erected in honour of illus- 
trious generals, Avho had gained signal victories in Avar, several 
of Avhich are still standing. They Avere at first very simple, 

1 Sil. vi. 663. LW. xlii. Hor. Od. ii. IS. Juv. 5 Ov. Trist. iii. 1. 61. f>. s.ll. 

20. Suet. Jul. 86. G.23. vii. 182. Cic. Alt. xiii. 6. Ciies. 7 Cic. Gluent. 13. Faro. 

2 Eutrop. viii. 5. 4 in interrolumniis, Cic. B. 0. iii. 28. s. 32. viii. 1. 9. Plaut. C;ipt. 

3 Cic. \''er. i. S5, &c. Ver. i. ly. see p. 65. Pliii, xxxiv. iv. '.', 35. 



FCBLIC BUILDINGS. 



493 



built of brick or hewn stone, of a semi-circular figure ; hence 
called FORNiCEs by Cicero ; bat afterwards more magnificent, 
built of the finest marble, and of a square figure, with a large 
arched gate in the middle, and two small ones on each side, 
adorr.cd with columns and statues, and various figures done in 
sculpture. From the vault of the middle gate hung little winged 
images of Victory, with crowns in their hands, which, Avhen let 
down, they put on the victor's head as he passed in triumph. 
This magnificence began under the first emperors ; hence Pliny 

calls it NOVICIUM INVENTUM.^ 

VIII. Trop^a, tro- 
phies, Avere spoils ta- 
ken from the enemy, 
and fixed upon any 
thing, as signs or mo- 
numents of victory ; ^ 
erected ^ usually in 
the place where it was 
gained, and consecrat- 
ed to some divinity, 
with an inscription ; * 
used chiefly among 
the ancient Greeks, 
who, for a trophy, 
decorated the trunk 
of a tree with the arms 
and spoils of the van- 
quishedeneray. Those 
who erected metal or 
stone were held in de- 
testation by the other 
states, nor did they 
repair a trophy when 
it decayed, to inti- 
mate, that enmities 
ought not to be im- 
mortal.^ 
Trophies were not much used by the Romans, who, Florus 
says, never insulted the vanquished. They called any monu- 
ments of a victory by that name.^ Thus the oak tree, with a 
cross piece of wood on the top, on which Romulus carried the 
spoils of Acron, king of the CaBiiinenses, is called by Plutarch 
r^oTiruto'j : by Livy, ferculum ; or, as others read the passage, 




1 xxxir. 6. s, 12. D!c. 
xlix. Id. li. 19. liv. 8. 
Cic. Ver. i. 7. ii. 63. 
Juv. X. 136. 

2 a T^oTTT?, t'ugJo 



rjf.iEn. iii.28y.xi. 
5. Ov. Art. Am.ii. 714. 
Tac. Ann. ii. 23. Curt, 
vii. 7. viii. 1, 



5 Siat. Theb. ii. 707. 
Juv. 1.133. Cic. Inv. 
ii. 23. Plut. O. Rom. 
Sfi. Diod. Sic.~13. 

6 Flor.iii.a.Cic.Arch. 



2 T 



7. Dom. 37. Pis. 38. 
Plin. Piineg. ."iO. Nat. 
Hist. iii. 3. s.4.20.!M. 



494 ROMAN ANTIQUITIES. 

FEKETRUM. TvopcBum is aJso put by the poets for the victory 
itself, or the spoils.^ 

It was reckoned unlawful to overturn a trophy, as havins;^ 
been consecrated to the gods of war. Thus Cassar left standing- 
the trophies which Pompey, from a criminal vanity, had erected 
on the Pyrenean mountains, after his conquest of Sertorius and 
Perpenna in Spain, and that of Mithridates over Triarius, near 
Ziela in Pontus, but reared opposite to them monuments of his 
own victories over Afranius and Petreius in the former place, 
and over Pharnaces, the son of Mithridates, in the latter. The 
inscription on Cresar's trophy on the Alps we have, Plin. iii. 20 
s. 24. Drusus erected trophies near the Elbe, for his victories 
over the Germans. Ptolemy places them inter Canduam et 
Luppiam? 

There are two trunks of marble, decorated like trophies, still 
remaining' at Rome, which are supposed by some to be those 
said to have been erected by Marius over Jugurtha, and over the 
Cimbri and Teutoni, vel -es '^ but this seems not to be ascertained. 

IX. Aqu.eductus.^ Some of them brought water to Kome 
from more than the distance of sixty miles, through rocks and 
mountains, and over valleys,^ supported on arches, in some 
places above 109 feet high, one row being placed above ano- 
ther. The care of them anciently belonged to the (tensors and 
aediles. Afterwards certain officers were appointed for that 
purpose by the emperors, called curatores aquarum, with 720 
men, paid by the public, to keep them in repair, divided into 
two bodies;** the one called publica, first instituted by Agrippn, 
under Augustus, consisting of 260 ; the other familia citsaris, 
of 460, instituted by the emperor Claudius. The slaves em- 
ployed in taking care of the water were called aquarii. Aquaria 
PROviNCiA is supposed to mean the charge of the port of Ostia.^ 

A person who examined the height from which water might 
be brought was called librator ; the instrument by which this 
was done, aquaria libra ; hence locus pari libra cum (Bquore 
maris est^ of the same height ; omnes aqu(B diversa in urbem 
libra perveniunt, from a different height. So, turres ad libram 
fact<e, of a proper height ; locus ad libellam (Bquus^ quite level.^ 

The declivity of an aqueduct {libramentum aqucB) was at least 
the fourth of an inch every 100 feet;*-' according to Vitruvius, 
half a foot. The moderns observe nearly that mentioned by 
Pliny. If the water was conveyed under ground, there Avere 
openings^" evei^ 240 feet.^^ 



1 Liv. i. 10. Hor. Od. 


3 Suet. Jul. 11. V^l. 


Mu-. 8. 


cilici mininuim 


erit, 


ii. 19. Nep. Them. 5. 
Virg. G. iii. 32. 


Max. vi. 9. IK 


S P.i.i. Ep. X, 50. 6!). 


Pliii. xxxi. ti. s 


:. 31. 


4 see p. 377. 


Vitr. viii. 6. Columel. 


Vitr. viii. 7. 




2 D;o. xli. 2+. Iv. 1. 


5 Plin. xxxi. 15. s. 24. 


viii. 17. Front i. 18. 


10 Iiiiiiina. 




Sirat iii. p. J5t;. xlii. 


6 familis. 


Ca5s. B. C. iii. 40.Var. 


11 in biiios actus. 


ib.d. 


4S. Flor. fv. Vi. ^S. 


7 FiOiit. Aqu:«il. Cic. 


R. R. i. 6. 






Ptul.ii, 11. 


Fam. vlii. 6. Vat. 5. 


9 ill cen'eiios poles Si. 







PUBLIC BUILDINGS. 495 

The curator, or prcefeclus aquarum, was invested by Augustus 
with considerable authority ; attended without the city by two 
lictors, three public slaves, an architect, secretaries, &c. ; hence, 
under the later emperors, he was called consularis aouarum.^ 

According- to P. V^ictor, there were twenty aqueducts in Rome, 
but others make them only fourteen. They Avere named from 
the maker of them, the place from which the water was brought, 
or from some other circumstance ; thus, aqua Claudia, Appia, 
Marcia, Julia, Cimina, Felix, virgo (vel virgineus liquor), so 
called, because a young girl pointed out certain veins, which 
the diggers following found a great quantity of water ; but 
others give a different account of the matter ; made by Agrippa, 
as several others were.^ 

X. Cloac.e,^ sewers, drains, or sinks, for carrying off the 
filth of the city into the Tiber ; first made by Tarquinius Pris- 
cus,* extending under the whole city, and divided into numei'ous 
branches. The arches which supported the streets and buildings 
were so high and broad, that a wain loaded with hay ^ might 
go below, and vessels sail in them : hence Pliny calls them 
operum omnium dictu maximum, suffussis montibus, atque urbe 
pensili, subterque navigata. There were in the streets, at proper 
distances, openings for the admission of dirty water, or any 
other filth, which persons were appointed always to remove, 
and also to keep the cloac(B clean. This was the more easily 
effected by the declivity of the ground, and the plenty of water 
with which the city was supplied.^ 

The principal sewer, with which the rest communicated, Avas 
called CLOACA maxima, the work of Tarquinius Superbus. Vari- 
ous cloaca) were afterwards made.'' The cloacae at first Avere 
carried through the streets ; ^ but by the want of regularity in 
rebuilding the city after it was burned by the Gauls, they, in 
many places, went under private houses. Under the republic, 
the censors had the charge of the cloaca ; but under the emper- 
ors, cuRATOREs CLOACARUM wcrc appointed, and a tax imposed 
for keeping them in repair, called cloacarium." 

XI. Vi^. — The public ways were perhaps the greatest of all 
the Roman works, made with amazing labour and expense; 
extending to the utmost limits of the empire, from the pillars ot 
Hercules to the Euphrates, and the southern confines of Egypt. 

The Carthaginians are said first to have paved ^^ their roads 
with stones; and after them, the Romans." The first road 
which the Romans paved ^- was to Capua ; first made by Appius 
Claudius the Censor, the same who built the first aqueduct, 

1 Suet. Aug. 37. Front. 14. 42. liv. 14. Suet. large onusta. 8 per publicum ducta. 
1. 1. C. de Aquaed. Aug. 42. 6 Plin. xxxvi. 13. 15. 9 Liv, v. 55. Uljiiari. 

2 Ov. Pont. i. 8. 33. 3 a cluo vel conlun, i. e. Ep. x. 41. Strab. v. p. 10 stravisse. 
Front. Plin. xxxi. 3. purgo, Fesf, & Plui. 225. Hor. Sat. ii. 3. 11 Isid. xv. 16. 
Cassiod. vii. Ep. 6. 4 Liv. i. 38. 242 12 muniveruut. 
Dio. xlviii. 32. xlix. 5 vf-his, v. -es, Coeni 7 Liv. i. 66, xxxix. 44. 

2t2 



496 ROMAN ANTIQUITIES. 

A. U. 441, afterwtards continued to Brundusium, about 350 
miles, but by whom is uncertain ; called kegina viarum/ paved 
with the hardest flint so firmly, that in several places it remains 
entire unto this day, above 2000 years ; so broad, that two 
carriages might pass one another, commonly, liowevei-, not 
exceeding* fourteen feet. The stones were of diiferent sizes, 
from one to five feet every way, but so artfully joined that they 
appeared but one stone. There were two strata below ; the 
first stratum of rough stones cemented with mortar, and the 
second of gravel ; the whole about three feet thick. 

The roads were so raised as to command a prospect of the 
adjacent country. On each side there was usually a row of 
larger stones, called margines, a little raised for foot passengers ; 
hence the roads were said marqinari.^ Sometimes roads were 
only covered with gravel,"^ with a foot-path of stone on each side. 

Augustus erected a gilt pillar in the forum, called milliarium 
aureum, where all the military ways terminated. The miles, 
however, were reckoned not from it, but from the gates of the 
city, along all the roads to the limits of the empire, and marked 
on stones. Hence lapis is put for a mile ; thus, ad tertium 
lapidem, the same with tria millia passtmm ah urhe. At smaller 
distances, there were stones for travellers to rest on, and to 
assist those who alighted to mount their horses.* 

The public ways (publice vie) were named either from the 
persons who first laid them out, or the places to which they led : 
thus VIA appia, and near it, via numigia, which also led to Jirun- 
dusium. Via aurelia, along the coast of Etruria ; flaminia, to 
Ariminum and Aquileia ; cassia, in the middle between these 
two, through Etruria to Mutina ; Emilia, which led from Ari- 
minum to Placentia.^ Via pr/i^nestina, to Prfeneste ; tiburtina, 
vel TiBURS, to Tibur ; ostiensis, to Ostia; laurentina, to Lau- 
rentum ; salaria, so called because by it the Sabines carried salt 
from the sea ; ^ latina, &c. 

The principal roads were called publico, vel militares, con- 
sulares, vel prcEtoricB ; as among the Greeks, ^ccai'KiKui, 1. e. 
regias ; the less frequented roads, private, agrarios, vel vicinales, 
quia ad agros et vicos ducunt. The charge of the public ways 
was intrusted only to men of the highest dignity. Augustus 
himself undertook the charge of the roads round Rome, and 
appointed two men of praitorian rank to pave the roads, each 
of whom was attended by two lictors.^ 

From the principal ways, there were cross-roads, which led to 
some less noted place, to a country villa, or the like, called 

1 Llv. ix. 29. Eutr. ii. 3 glarea, ibid. 151. D. de V. S. Grac. Plin. Ep. ii. 16. B'est. 

4. Hor. Ep. i. 18. 20. 4 Plin. iii. 5. xv. IS. Liv. xxvi. 10. Miirt. iv. 64. 18. 

S.it. i. 5. Tac. Ann. ii. Tuc. Hist. i. 73. SuEt. 5 Cic. Phil. xii. 9. Cat. 7 Ulpian, Flin. Ep. v. 

30. Stat. Sylv. ii. 2.11. Oth. 6. Dio. liv. 8. ii. 4. Liv. xxxix. 2. Lij. Dio. iiv. 8. 

3Liv. xli. a?. Plut. Galba, p.lOGl. 1. I) Hor. Sat. i. 6. 108. 



PUBLIC BUILDINGS. 497 

DIVERTICULA, v.lilch word is put also for the inns along- the public 
roads, hence for a digression from the principal subject.^ But 
places near the road Avhere travellers rested ^ are commonly 
called DiVERSORiA, whether belonging to a friend, the same with 
hospitia, or purchased on purpose,^ or hired,* then properly 
called CAUPON^, or tabern/s diversori.e ; '" and the keeper ^ oi 
such a place, of an inn or tavern, caupo; those who went to it, 
DivERSOREs : henco commorandi natura diversorium nobis, non 
habitandi dedit, nature has granted us an inn for our sojourning-, 
not a home for our dwelling-.^ 

In later times, the inns or stages along the roads were called 
MANsiONEs ; commonly at the distance of half a day's journey 
from one another; ^ and at a less distance, places for relays, 
called MUTATioNEs, where the public couriers^ changed horses. 
These horses were kept in constant readiness, at the expense of 
the emperor, but could only be used by those employed on the 
public service, without a particular permission notified to the 
innkeepers by a diploma}^ 

The Romans had no public posts, as we have. The first 
invention of public couriers is ascribed to Cyrus. Augustus first 
introduced them among the Romans.^^ But they were employed 
only to forward the public despatches, or to convey political 
intelligence. It is surprising they were not sooner used for the 
purposes of commerce and private communication. Lewis XI. 
first established them in France, in the year 1474 : but it was 
not till the first of Charles II., anno 1660, that the post-office 
was settled in England by act of parliament ; and three years 
after, the revenues arising- from it, when settled on the duke of 
York, amounted only to .£20,000.^2 

Near the public ways the Romans usually placed their sepul- 
chres.^'^ The streets of the city were also called vi.e, the cross- 
streets, VLE TRANSVERS.E ; tlius, Via SACRA, NOVA, &c., pavcd witli 
flint, yet usually dirty .^* 

The Roman ways were sometimes dug through mountains, as 
the grotto of Puzzoli, crypta Puteolana, between Puteoli and 
Naples; and carried over the broadest rivers by bridges (hence 
facere pontem in jiuvio ; fiuvium ponte jnngere vel committere ; 
pontem jluvio imponere, indere vel injicere). 

The ancient bridges of Rome were eight in number: — 1. 
pons suBLicius vel JEmilius ; so called, because first made of 
Avood (from subliccB, stakes),^^ and afterwards of stone by ^"milius 



1 Suet. Ner. 48. Plin. 


4 trieritoria. 


veredarii. 


fol. ed. 


xxxi. 3. s. 25. Serv. 


5 Hor. Kp. i. 11, 12. 


10 Plin. Ep.x. 14.121. 


13 see p. 416. 


iEu. ix.Sig. Liv. i 51. 


Plant. True. Jii. •-'. 29. 


11 Xenop. Cv-rop. viii. 


14 Cic. Ver. iv. 53. 


ix. 17. Dun. IVr. Kiwi. 


r. institor. 


p. 49S. edit. 'Hutchin- 


Hor. Sat. i. 9. Ov. K. 


iv. 2.7. Juv. XV. ;;i. 


7 Civ. linen, i. 4. Div. 


son. Suot. Aug. 49. 


vi. 390. .Tuv. iii. •J70. 


2 quo divertereul ad re- 


27. Sen. 23. 


Pinf. Galb. 


247. Mart. vii. 60. v. 


qnicsueiirfum. 


8 see p. 310. 


12 Plin. Kp. X. 10. 


2 J f J . 


6 G;cKam.vi.l9.vii.23. 


9 piiblicl cursores vel 


Rr4'in.vu;.ii.t23.tS0. 


K^ Liv. i. 33. 



2 T 3 



498 ROMAN ANTIQUITIES. 

Lepidus ; some vestiges of it still remain at the foot of mount 
Aventine : 2. pons fabricius, Avhich led to an isle in the Tiber,^ 
first built of stone, A. D. 692: and 3. cestius, which led from 
the island : 4. senatorius vel Palatinus, near mount Palatine • 
some arches of it are still standing- : 3. pons janiculi, vel -arts ; 
so named, because it led to the Janiculum ; still standing: 6. 
pons triumphalis, which those who triumphed passed in going 
to the Capitol ; only a few vestiges of it remain : 7. pons ^lius, 
built by iElius Hadrianus ; still standing ; the largest and most 
beautiful bridge in Rome : 8. pons milvius, without the city ; 
now called ponte molle. 

There are several bridges on the Anio or Teverone ; the 
most considerable of which is pons narsis, so called because 
rebuilt by the eunuch Narses, after it had been destroyed by 
Totila, king of the Goths. 

About sixty miles from Rome, on the Flaminian Avay, in the 
country of the Sabines, was pons narniensis, which joined two 
mountains, near Narnia, or Narni, over the river Nar, built by 
Augustus, of stupendous height and size ; vestiges of it still 
remain ; one arch entire, about 100 feet high, and 160 feet 
wide. 

But the most magnificent Roman bridge, and perhaps the 
most wonderful ever made in the world, Avas the bridge of 
Trajan over the Danube ; raised on twenty piers of hewn stone, 
150 feet from the foundation, sixty feet broad, and 170 feet 
distant from one another, extending in length about a mile. 
But this stupendous work was demolished by the succeeding 
emperor, Hadrian, who ordered the upper part and the arches 
to be taken down, under pretext that it might not serve as a 
passage to the bai'barians, if they should become masters of it;- 
but in reality, as some writers say, through envy, because he 
despaired of being able to raise any work comparable to it. 
Some of the pillars are still standing. 

There was a bridge at Nismes {Nemausufn), in France, which 
supported an aqueduct over the river Gardon, consisting of 
three rows of arches, several of which still remain entire, and 
are esteemed one of the most elegant monuments of Roman 
magnificence. The stones are of an extraordinary size, some of 
them twenty feet long ; said to have been joined together, 
without cement, by ligaments of iron. The first row of arches 
was 438 feet long ; the second, 746 ; the third and highest, 805 ; 
the height of the three from the water, 1S2 feet. 

In the time of Trajan, a noble bridge was built over the 
Tagus, or Tayo, near Alcantara, in Spain, part of which is still 
standing. It consisted of six arches, eighty feet broad each, and 

1 iusula, Dio. 37. 45. - 2 Dhj. Iviii. 13. 



LIMITS OF THE EMPIRE. 499 

some of them 200 feet high above the water, extending- in length 
660 feet. 

The largest eingle-arched bridge known is over the river 
Elaver, or Allier, in France, called potis veteris Brevatis, near 
the city of Brioude, in Auvergne, from Briva, the name of a 
bridge among the ancient Gauls. The pillai's stand on two 
rocks, at the distance of 195 feet. The arch is eighty-four feet 
high above the water. 

Of temporary bridges, the most famous was that of Cffisa. 
over the Khine, constructed of wood.^ 

The Romans often made bridges of rafts or boats, joined t» 
one another, and sometimes of empty casks, or leathern bottles, 
as the Greeks.^ 

LIMITS OF THE EMPIRE. 

The limits which Augustus set to the Roman empire, and in his 
testament advised his successors not to go beyond, were the 
Atlantic ocean on the west, and the Euphrates on the east ; on 
the north, the Danube and the Rhine ; and on the south, the 
cataracts of the Nile, the deserts of Africa, and mount Atlas; 
including the whole Mediterranean sea, and the best part of the 
then known world : so that the Romans were not without foun- 
dation called RERUM domini, lords of the world, and Rome, lux 

ORBIS TERRARUM, ATQUE ARX OMNIUM GENTIUM, the light of the 

universe, and the citadel of all nations ; ^ terrarum dea genti- 
UMQUE Roma, cui par est nihil, et nihil secundum ; caput orbis 

terrarum ; CAPUT RERUM ; DOMINA ROMA ; PRINCEPS URBIUM ; RE« 

GiA ; pulcherrima RERUM ; MAXIMA RERUM ; ^ sed qucB de septem 
totum circumspicit orbem montihus, imperii roma deumque (i. e. 
principum v. imperatorum) locus, but Rome, the seat of empire 
and the residence of the gods, Avhich from seven hills looks 
around on the Avhole world. Bumque suis victrix omnem de 
montibus orhtm prospiciet domiturriy martia roma, legar ; while 
warlike Rome, victorious, shall behold the subjugated world from 
her seven hills, my works shall be read ; caput mundi rerumque 
potestas ; septem urbs ultajugis toti qu.e pr.esidet orbi.^ 

Agreeably to the advice of Augustus, few additions were 
made to the empire after his time. Trajan subdued Dacia, 
north of the Danube, and Mesopotamia and Armenia, east of 
the Euphrates. The south of Britain Avas reduced by Ostorius, 
under Claudius ; and the Roman dominion was extended to the 
frith of Forth and the Clyde, by Agricola, under Domitian.^ 

1 C;p.s. B. G. iv. 17. iii. 16. 45. xxi. 30. Tac. 5 Ov. Trist. i. 4. 6P. 

2 Cje-;. B. G. i. 12.viii. 3 I'ac. Ann. i. 11. Dio. Hist. ii. 32. Hor. Od. iii. 7. 51. Luc. ii. Jd6. 
]■). Flor. iii. 0. Herod. Ivi. 33. 41. Virg. .'En. iii. 13. iv. 14. 44. Ep. Prop. ii. '.1. i~. 

viii. Zosim. iii. Luc. i. 2S'2. Cic. Cat. iv. 6. i. 7. 44, Virp. G. ii. 6 Eiiirop. viii. 2. Tdc. 
iv. }'4). Xcnop. Cyr. 4 Mart. xii. 8. Liv. i. 633. iEii. vii. btVi. Ajjik. a3. 



500 ROMAN ANTIQUITIES. 

But what is remarkable, the whole force of the empire, although 
exerted to the utmost under Severus, one of its most warlike 
princes, could not totally subdue the nation of the Caledonians, 
whose invincible ferocity in defence of freedom^ at last obliged 
that emperor, after granting- them peace, to spend near two 
years in building-, with incredible labour, a w all of solid stone, 
twelve feet high and eight feet thick, with forts and towers at 
proper distances, and a rampart and ditch, from the Solvvay 
frith to the mouth of the Tyne, above sixty-eii^ht miles, to re- 
press their inroads.^ 

The Avall of Severus is called by some murus, and by others 
VALLUM. Spartianus says it was 80 miles long."^ Eutropius 
makes it only 32 miles.^ See also Victor, Epit. xx. 4. Orosius 
vii. 17. Herodian. iii. 48. Beda, Hist. i. 5. Cassiodorus, 
Chronicon. Camden, p. GOT. edit. 1594. Gordon's Itinerary, 
c. 7 — 9. p. G5 — 93. Gough's translation of Camden, vol. iii. p. 
211. 

1 devota tnorti pectora, said to have lost no liave overlooked this land, vol. i. p. 10. tivo. 

liberae, Hor. Od. iv. less than fifry thousand (act, when he says, that edit. 

14. 18. men (tivte ^ivpiaSai i- tlie Ronuuis cnlert:.iii- 3 in vita Severi, 18.22. 

i; Severus, in penetrat- Xaj), Dio. 1. ixxvi. c. ed a conlpni])t (or Ca- 4 viii. VJ. 

iiig thii, country, is IJ — Mr Huine must ledoiiia, Hist, of £ne- 



x^PPE NDIX, 



App. A, page 1. 

The origiu commonly assigned to the city of Rome appears to rest on no 
better foundation than mere fabulous tradition. The uncertainty which 
prevailed on this subject, even in ancient times, is clearly evinced by the 
numerous and varying accounts of the origin of that city which are mentioned 
by Plutarch in the introduction to his life of Romulus. From that passage 
two conclusions are evidently to be deduced : first, that the true origin of 
Rome was to the ancients themselves a fertile theme of controversy ; and, 
secondly, that from the very number of these varying statements, as well as 
their great discrepancy, the city of Rome must have been of very early 
origin ; so early, in fact, as to have been almost lost amid the darkness of 
fable. But whence do we obtain the commonly received account 1 We derive 
it from Fabius Pictor, who copied it from an obscure Greek author, Diodes 
the Peparethian ; and from this tainted source have flowed all the stories 
concerning Mars, the Vestal, the vx'olf, Romulus and Remus. Of Diodes we 
know nothing. According to Dionysius of Halicarnassus, Fabius had no 
better authority for the great proportion of events which preceded his own 
age than vulgar tradition. He probably found that if he had confined 
himself to what was certain in these early times, his history would have 
been dry, insipid, and incomplete. This is the same Fabius, who, in the few 
unconnected fragments that remain of his Annals, tells us of a person who 
had a message brought him by a swallow, and of a party of loupgarous, 
who, after being transformed into wolves, recovered their own figures, and, 
what is more, got back their cast-off clothes, provided they had abstained for 
nine years from preying upon hunaan flesh ! So low, indeed, even among 
the Romans themselves, had the character of Fabius for historical fidelity 
fallen, that Polybius apologizes on one occasion for quoting Fabius as an 
authority, If Fabius be proved from his very narrative to have been a 
visionary, fabulous, and incorrect writer, his prototype Diodes must have 
been equally, if not more so. 

We propose to ofler an account of the origin of the imperial city, different, 
and, we hope, of a more satisfactory character;— one which will trace the 
foundation of Rome to a period long prior to the supposed era of Romulus ; 
and which, advancing still farther, will show that Roma was not the true 
or Latin name of the city. — Among the cities of the Pelasgi, in the land once 
possessed by the Siculi, that is, in Latium, mention is frequently made of 
one denominated Saturnia. This city, thus known by the name of Satiirnia, 
is no other than Rome itself. Thus Pliny (3, 5,) observes, " Saturnia, where 
Rome now stands." So Aurelius Victor (3.J, " Saturnia, built on one of the 
hills of Rome, was the residence of Saturn." But by whom was Saturnia 
built? Was it of Pelasgic origin, or founded by the ancient Siculi? The 
following authority will furnish a satisfactory answer. Dionysius (i. 73.) 
quotes an old historian, named Antiochus of Syracuse, whom he styles, at 
^he same time, "no common or recent writer," to the following effect: 
" Antioch-us of Syracuse says that when Merges reigned in Italy, there came 
to him from Rome an exile named Siculus." This passage is deserving of 
Aery close consideration. In the first place, as Morges, according to the same 
writer, succeeded Italus, and as the very name of this latter prince carries 
us back at once to the earliest periods of Italian history, we find the name 
Rome applied to a city, which must of consequence have been one of the 
oldest in the land. In the next place, it is evident that Antiochus relates a 
fact not based upon his own individual knowledge, but upon an old and esta- 
blished tradition ; for Antiochus brought down his history of Sicilian affairs 
to the 98th olympiad, that is, to tlie 3S8th year before the Christian era, a 



502 



APPKNDIX, 



period when neither he himself nor any other Grecian writer knew aught of 
Rome, even by report, as a city actually in existence ; since only two years 
previous (B. C. 390) it had been burned by the Gauls, and it was not until 
more than a century afterwards that the Romans became known to the Sici- 
lian Greeks by the capture of Tarentum. It would seem, then, that Rome 
(Roma) was the most ancient name ; that it was displaced for a time by Sa 
turnia, and was afterwards resumed. 

We shall now enter more fully into the consideration of our subject, and 
endeavour to find other additional grounds for the support of the opinion 
which we are advocating. To the same region of Italy where Saturn had 
erected on the Capitoline mountain the city of Saturnia, and opposite to 
whom Janus had also established his residence on the Janiculum, came, 
accoi-ding to Dionysius (i. 31.), an individual named Evander, who was 
received in a friendly manner by the reigning monarch Faunus. Two ships 
were sufficient to carry him and his followers, and a mountain was assigned 
him as the place of his abode, where he built a small city, and called it 
Pallantiuuj, from his native city, in Arcadia. This name became gradually 
corrupted into Pallatium, while the mountain took the appellation of Mons 
Palatinus. — Thus far Dionysius. Now, that a mere stranger, with but a 
handful of followers, should be received in so friendly a manner by the 
Felasgi and Aborigines, as to be allowed to settle in their immediate vicinity, 
and in a place, too, which was, in a later age, as Dionysius infonns us, the 
very heart of Rome, is scarcely entitled to belief; still less is it to be credited 
that he wrested a settlement there by force. If, then, we are to retain this 
old tradition respecting Evander and his followers (and we have nothing 
whatever which can authorize the rejection of it), there are but two ways in 
which the whole can be explained. Either Evander was the leader of those 
very Pelasgi, who, uniting with the Aborigines, drove out the Siculi from 
Latium, and received for his portion the city of Rome, with its adjacent 
territory; or, he was a wandering Pelasgus, driven from Thessaly by the 
aims of the Hellenes, and after many unsuccessful attempts elsewhere, 
induced to come to Italy in quest of an abode. It becomes extremely diffi- 
cult to decide between these two hypotheses, since they both receive consi- 
derable support from ancient authorities. The Pelasgi had already, on their 
very first irruption into Latium, founded a city called Pallantiura in the 
territory of Reate, whose ancient situation Dionysius of Halicarnassus 
endeavours to point out. The name Pallantium was subsequently transferred 
by these same Pelasgi to the city of Rome, after they had become masters of 
it by the expulsion of the Siculi. Varro speaks in very express terms on 
this subject (L. I., jv. 8): "the inhabitants of the territory of Reate, named 
Palatini, settled on the Roman Palatium." A passage of Festuc, moreover, 
(v. Sacrani) is fully to the point: "the Sacrani, natives of Reate (i. e. the 
territory), drove the Ligures and Siculi from Septimontio (i. e. Rome)." 
After reading this passage, there surely can be no doubt remaining in our 
minds as to the early existence of the city of Rome, as well as of its occupa- 
tion by a band of Pelasgi and Aborigines. It is curious, moreover, to 
compare the name Sacrani, which evidently means sacred, or consecrated to 
some deity, with the acknowledged fact of the Pelasgi being a sacerdotal 
caste or order ; as well as with the circumstance of thei'e being a class of 
priests at Ardea called Sacrani, who worshipped Cjbele, a goddess whose 
worship is most clearly traced from the East. On the supposition, then, that 
Evander was the leader of the Pelasgi, we are enabled to clear up the old 
tradition of his having introduced into Italy the use of letters, and the 
knowledge of various arts. The Greeks also were indebted to the Pelasgi for 
an acquaintance with written characters, and with many of the arts of 
civilized life. The second hypothesis, namely, that Evander was a wandering 
Pelasgus who had come to Italy in quest of an abode, and had been hospita- 
bly received by those of his nation who were already established there, 
receives in its turn an air of great probability, from the concurrent testimony 
of all the ancient writers as to his having come to Italy by sea, as well as 
from the circumstance so explicitly stated, that he arrived in two ships with 
his band of followers. If, now, we turn our attention for a moment to the 
fact, that after the Hellenes had driven the Pelasgi from Thessaly, a portion 
of the latter retired into Epirus, while another part sailed to the western 
coast of Asia Minor, where Homer speaks of them as the allies of the Trojans ; 
if, in addition to this, we call to mind that both divisions eventually settled 



APPENDIX. 503 

in Italy, aud laid the foundation of the Etrurian confederacy ; and if, finally, 
we take into consideration what Plutarch tells us in his life of Romulus, 
though he assigns no authority for it, that Romus, king of the Latins, drove 
out of the city the Tyrrheni, who had come from Thessaly to Lydia, and from 
Lydia to Italy, the balance preponderates considerably in favour of this 
second hypothesis. Perhaps, however, they may both be reconciled together 
by supposing that those of the Pelasgi who had come from the upper part of 
Italy, had changed the name of ancient Rome to that of Palatium, and that 
Evander came to, and was received among, them. It is most probable that 
Evauder was one of the leaders of the Pelasgi from the coast of Asia, and 
bore a part in the founding of the Etrurian republic. 

The question now arises as to the actual existence of Romulus. In order 
to answer this satisfactorily, we must go a little into detail. In the district 
of Latium, there were, exclusive of Rome, many cities of the Aborigines or 
Latins, who had settled in this part of the country together with the Pelasgi. 
Of these Alba Longa was the most powerful. Through internal dissensions, 
and from the operations of other causes, the Pelasgi had lost in most places out 
of Etruria their original ascendancy. A leader from Alba Longa, with a band 
of voluntary followers, conducted an enterprize against Rome, where the 
power of the Pelasgi was in like manner fast diminishing. The enterprize 
succeeded : the conqueror became king of the ancient city, and increased its 
inhabitants by the number of his followers. The Pelasgi remained, but they 
no longer enjoyed their former power. Whether two brothers or only a 
single individual conducted the enterprize, whether they were previously 
named Romulus and Remus (i. e. Romus), or, what is far more probable, 
whether they received these appellations from the conquered city, is a point 
ou which we cannot decide. 

From the theory thus established, many important inferences may be drawn, 
which will tend to throw light on certain obscure parts of early Roman 
history. 1. We cease to wonder at the successful resistance which Rome, 
apparently in her very infancy, offered to her powerful neighbours ; tor even 
at this early period the city must be regarded as of remote and ancient 
origin. 2. We understand very clearly why Tuscan troops formed one of 
the wings of the army of Romulus ; for there is very strong probability that 
they were in reality the old Tyrriienian or Pelasgic inhabitants, and that 
Coeles Vibenna, their leader, was in truth the lucumo, or ruler, of Rome at 
the time of its capture by Romulus. 3. We perceive also the meaning of the 
Etrurian writer Volumnius, quoted by Varro (L. L. iv. 9.), when he states 
that the three appellations for the early Roman tribes, Ramnes and Tatien- 
ses, as well as Luceres, are all Etrurian terms ; the preponderating language 
in Rome at the time of its capture being Tyrrhenian or Etrurian. 4. We can 
comprehend the close union and intercourse which subsisted at a later period 
between the Romans and Etrurians, Rome being, in fact, an Etrurian city. 
5. The account no longer appears exaggerated of Romulus having only 3000 
foot and 300 horse when he founded Rome, and of there being 46,000 foot and 
4000 horse at the period of his death : the former means the forces which 
accompanied him on his enterprise against the ancient city ; the latter were 
the combined strength of his followers and the ancient inhabitants. 6. We 
see, too, what to many has appeared altogether inexplicable, how the Roman 
kings, during their continual wars, were yet able to cherish at home the taste 
for building, which never can exist among a rude and early community : 
how it was that, even at this remote period, the Cloacfe, the Circus Maximus, 
the Capitol, and other public constructions were undertaken and accomplish- 
ed. These stupendous structures, altogether beyond the resources of Rome, 
if she is to be considered as an infant state at the time of their execution, 
were, in fact, the work of the Etrurian part of the population of Rome. 
7. We discover the reason of the most distinguished of the Roman youth 
being sent to the principal Etrurian cities for the piirposes of education : it 
was done, in fact, from motives of state-policy, in order that, amid the tumult 
of almost incessant wars, they might still keep alive that spark of early 
knowledge and refinement which had distinguished Rome from the very 
outset, aud which marks her not as the receptacle of a horde of banditti, but 
as an ancient and civilized city, falling by right of conquest into the hands 
of a military chieftain. 8. We are enabled to discover many of the secret 
springs which impelled the complicated and apparently discordant machi- 
nery of the Roman government. The old inhabitants being much farthwv 



504 APPENDIX. 

advanced in civilization than their conquerors, wonld naturally, even after 
the tall of the city, be respected by the victors for their superior improve- 
ment, and the most distinguished of them would be called, from motives of 
policy, to some slight participation in the affairs of the government. Accor- 
dingly, we find that almost one of the first acts of Romulus was the institutior 
of a senate, whose limited number freed him from any apprehension of theii 
combining to overthrow his power ; while their confirmation of his decrees 
in case it should be needed, woiild have great weight with the old population 
of the city. The impolitic neglect which Romulus subsequently displayet' 
towards this order, ended in his destruction. That such indeed was his fate, 
and that the senate were privy to the whole affair, admits of no doubt, when 
we call to mind the monsti'ous falsehood asserted by the senator Proculus 
Julius, for tVie purpose of freeing that body from the suspicion of having 
taken the life of the kin?.— After all that has been said, we hazard little, if 
any thing, in asserting that the eaily Roman nobility were the descendants 
of a sacred or sacerdotal caste. That the Pelasgi were such an order, has 
been frequently asserted, and we trust satisfactorily established. The Etru- 
rians, the descendants of the Pelasgi, preserved this singular featui'e in the 
form of government which they had adopted. The Etrurian confederacy was 
composed, indeed, of tvv'elve independent cities, yet the government was by 
no means in the hands of the people ; it was the patrimony of an hereditary 
caste, who were at once invested with the military power, and charged with 
the sacerdotal functions. This strange form of government threw the whole 
power into the hands of the higher classes, who were, no doubt, the imme- 
diate descendants of the Pelasgi, and subjected to their control the whole 
mass of the lower orders, who very pi'obably were sprung from the early 
Aborigines. Now, reasoning by analogy, we must allow this very same form 
of government to have prevailed in Etrurian Rome before its conquest by 
Romulus. This arrangement would throw into the hands of the upper classes 
the chief power, and give them the absolute control of religious affairs ; and, 
on his capture of the city, Romulus would leave them in full possession of 
the latter as a matter almost of necessity, while from motives of policy he 
would allow them to retain a small portion of the former. Hence the origin 
of the Roman nobility. Many circumstances combine to strengthen what has 
just been advanced. The nobility had for a long time in Rome the sole 
custody of religious affairs, and from their order all the priests were for a 
long series of years constantly chosen. Every patrician gens, and each 
individual patrician family, had certain sacred rites peculiar to itself, which 
went by inheritance in the same manner as effects, and which the heir was 
bound to perfonu. In this way, too, is to be explained the relation of patron 
and client, which in the earlier days of the Roman government was observed 
with so much formality and rigour. It was an artful arrangement on the 
part of a sacerdotal order, and may be regarded as analogous to, and no doubt 
derived from, the institution of castes in India. Its object was to keep the 
lower orders in complete dependence upon the higher, and to effect this end 
the terrors of religion were powerfully annexed : it was deemed unlawful 
for patrons and clients to accuse or bear witness against each other ; and 
whoever was found to have acted otherwise, might be slain with impunity as 
a victim devoted to Pluto and the infernal gods. A regular system of castes 
seems thus to have prevailed in Rome both before and a long period after its 
C!»nquest by Romulus. 

We come now to the true or Latin name of the Roman city. Macrobius 
iii. 9.) informs us that the Romans, when they besieged a city, and thought 
-hemselves sure of taking it, used solemnly to call out the tutelary gods of 
the place, either because they thought that the place could not otherwise be 
taken, or because they regarded it as impious to hold the gods in captivity. 
" On this account," he adds, " the Romans themselves have willed that both 
the deity under whose protection Rome is, as well as the Latin name of the 
city, remain secret and undivulged. The name of the city is unknown even 
to the most learned." To the testimony of Macrobius may be added that of 
Pliny (iii. 5), " Rome, whose other name it is forbidden by the secret cere- 
monies of religion to divulge." Now, in the sanctuary of Vesta was pre- 
served the Palladium, " the fated pledge of Roman dominion," ( fatale itigmis 
imperii Romani, Liv. xxvi. 27.) May we not then suppose Pallas or Minerva 
to have been the true tutelary deity of Romei and the real or Latin name of 
the city to have been Pallantium \ 



505 



AGRARIAN LAWS.— App. B, Pages 115, 180. 



i'hese laws were enacted in ancient Rome for the division of public lands. 
In tbe valuable work on Roman histoi-y by Mr Niebuhr, it is satisfactorily 
shown, that these laws, which have so long been considered in the light of 
unjust attacks on private property, had for their object only the distribution 
of lands which were the property of the state, ajad that the troubles to which 
they gave rise were occasioned by the opposition of persons who had settled 
on these lands without having acquired any title to them. 

According to Dionysius of Halicarnassus, their plan of sending out colo- 
nists, or settlers, began as early as the time of Romulus, who generally 
placed colonists from the city of Rome on the lands taken in war. The same 
policy was pursued by the kings who succeeded him ; and, when the kings 
were expelled, it was adopted by the senate and the people, and then by tha 
dictators. There were several reasons inducing the Roman government to 
pursue this policy, which was continued for a long period without any inter- 
mission ; first, to have a check upon the conquered people ; secondly, to have 
a protection against the incursions of an enemy ; thirdly, to augment their 
population ; fourthly, to free the city of Rome from an excess of inhabitants ; 
liftbly, to quiet seditions; and, sixthly, to reward their veteran soldiers. 
These reasons abundantly appear in all the best ancient authorities. In the 
later periods of the republic, a principal motive for establishing colonies was 
to have the means of disposing of soldiers, and rewarding them witti dona- 
tions of lands ; and such colonies were denominated military colonies. 

An agi'arian law contained various provisions ; it described the land which 
was to be divided, and the classes of people among whom, and their numbers, 
and by whom, and in what manner, and by what bounds, the territory was 
to be parcelled out. The mode of dividing the lands, as far as we now 
understand it, was twofold ; either a Roman population was distributed over 
the particular territory, without any formal erection of a colony, or general 
grants of lands were made to such citizens as were willing to form a colony 
there. The lands which were thus distributed were of different descriptions ; 
which we must keep in mind, in order to have a just conception of the 
operation of the agrarian laws. They were either lands taken from an 
enemy, and not actually treated by the government as public property, or 
lands which were regarded and occupied by the Roman people as public 
property ; or public lands which had been artfully and clandestinely taken 
possession of by rich and powerful individuals ; or, lastly, lands which were 
bought with money from the public treasury, for the purpose of being distri- 
buted. Now, all such agrarian laws as comprehended either lands of the 
enemy, or those which were treated and occupied as public property, or 
those which had been bought with the public money, were carried into effect 
without any public commotions ; but those which operated to distxirb the 
opulent and powerful citizens in the possession of the lands which they un- 
justly occupied, and to place colonists (or settlers) on them, were never 
promulgated without creating great disturbances. The first law of this kind 
was proposed by Spurius Cassius ; and the same measure was afterwards 
attempted by the tribunes of the people almost every year, but was as con- 
stantly defeated by various artifices of the nobles; it was, however, at length 
passed. It appears, both from Dionysius and VaiTO {de Re Rustica, lib. 1), 
that, at first, Romulus allotted two Jugera (about one and a fourth acre) of the 
public lands to each man ; then Numa divided the lands which Romulus had 
taken in war, and also a portion of the other public lands ; afterwaa-ds TuUus 
divided those lands which Romulus and Numa had appropriated to the pri- 
vate expenses of the regal establishment; then Servius distributed among 
those who had recently become citizens, certain lands which had been taken 
from the Veientes, the Cserites, and Tarquinii ; and, upon the expulsion of 
the kings, it appears that the lands of Tarquin the Proud, with the exception 
of the Campus Martius, were, by a decree of the senate, granted to the peo- 
ple. After this period, as the republic, by means of its continual wars, 
received continual accessions of conquered lands, those lands were either 
occupied by colonists or remained public property, until the period when 
Spurius Cassius, twenty-four years after the expulsion ot the kings, proposed 
a law (already mentioned), by which one part of the land taken from the 
Hernici was allotted to the Latins, and the othe" part to the Roman people; 

2u 



53G APPENDIX. 

but, as this law coinprebended certain lands wliich he accused private persons 
of having taken from the public, and as the senate also opposed him, he 
could not accomplish the passage of it. This, according to Livy, was the Srst 
proposal of an agrarian law ; of which, he adds, no one was ever proposed, 
down to the period of his remembrance, without very great public commo- 
tions. Dionysius informs us, further, that this public land, by the negligence 
of the magistrates, had been suffered to fall into the possession of rich men ; 
but that, notwithstanding this, a division of the lands would have taken place 
under this law, if Cassius had not included among the receivers of the bounty 
the Latins and Hernici, whom he had but a little while before made citizens. 
After much debate in the senate upon this subject, a decree was passed to 
the following effect: that commissioners, called decemvirs, appointed from 
among the persons of consular rank, shoiild mark out, by boundaries, the public 
lands, and should designate how much should be let out, and how much 
should be distributed among the common people ; that, if any land had been 
acquired by joint services in war, it should be divided, according to treaty, 
with those allies who had been admitted to citizenship ; and that the choice 
of the commissioners, the apportionment of the lands, and all other things 
relating to this subject, should be committed to the care of the succeedin}» 
consuls. Seventeen years after this, there was a vehement contest about the 
division, which the tribunes proposed to make of lands then unjustly occu- 
pied by the rich men ; and, three years after that, a similar attempt on the 
part of the tribunes would, according to Livy, have produced a ferocious 
controversy, had it not been for the address of Quintus Fabius. Some yeara 
after this, the tribunes proposed another law of the same kind, by which the 
estates of a great part of the nobles would have been seized to the public use; 
but it was stopped in its progress. Appian says, that the nobles and rich men, 
partly by getting possession of the public lands, partly by buying out the 
shares of indigent owners, had made themselves owners of all the lands in 
Italy, and had thus, by degrees, accomplished the removal of the common 
people from their possessions. This abuse stimulated Tiberius Gracchus to 
revive the Licinian law, which prohibited any individual from holding more 
than 500 jugcra, or about 350 acres, of land ; and would, consequently, com- 
pel the owners to relinquish all the surplus to the use of the public ; but 
Gracchus proposed that the owners should be paid the value of the lands 
relinquished. The law, however, did not operate to any great extent, and, 
after having cost the Gracchi their lives, was by degrees rendered wholly 
inoperative. After this period, various other agrarian laws were attempted, 
and with various success, according to the nature of their provisions and the 
temper of the times in which they were proposed. 

From a careful consideration of these laws, and the others of the same 
kind on which we have not commented, it is apparent, that the whole object 
of the Roman agrarian laws was, the lands belonging to the state, the public 
lands or national domains, which, as already observed, were acquired by 
conquest or treaty, and, we may add also, by confiscations or direct seizures 
of private estates by different factions, either for lawful or unlawful causes ; 
of the last of wliich we have a well-known example in the time of Sylla's 
proscriptions. The lands thus claimed by the public became naturally a sub- 
ject of extensive speculation with the wealthy capitalists, both among the 
nobles and other classes. In our own times, we have seen, during the revo- 
lution in France, the confiscation of the lands belonging to the clergy, the 
nobility, and emigrants, lead to similar results. I'he sales and purchases of 
lands, by virtue of the agrarian laws of Rome, under the various complicated 
circumstances which must ever exist in such cases, and the attempts by the 
government to resume or re-grant such as had been sold, whether by right 
or by wrong, especially after a purchaser had been long in possession, under 
a title which he supposed the existing laws gave him, naturally occasioned 
great heat and agitation ; the subject itself being intrinsically one of great 
difficulty, even when the passions and interests of the parties concerned 
would permit a calm and deliberate examination of their respective rights. — 
From the commotions wliich usually attended the proposal of agrarian laws, 
and from a want of exact attention to their true object, there has long been 
a gener.al imprcvssion, among readei's of the Roman history, that those laws 
were always a direct and violent infringement of the rights of private pro- 
perty. Even, such men as Machiavelli, Montesquieu, and Adam Smith, have 
shared in this misconception of them. 



LATIN INDEX 



WORDS AND PHRASES. 



Abacus, 374. 

^balieiiatio, 46. 

Ahdicere, 74. 

Ablecti, 309, 312. 

Abrjgare, 96, ;j. 

Acapiia ligna, 454. 

Accensi, 104, 14b, 303. 

Accensus, 91, 130, 185, 
269. 

Acceptilatio, 434. 

Acceptum refeiTe, vel 
ferre, 434. 

Accingi, 350. 

Accubita, -bitalia, 374. 

Accumbere; 371, n, 

Accusare, 211. 

Accusator, 210, n. 

Acetabula, 436. 

Acerra, 264. 

Acetaria, 460. 

Acies, 3'.8; directa, si- 
iiuata, gibbera, rlexa, 
321; d.plex, 317, me- 
dia, prima, &c. 317, n. ; 
aciem instruere, aequa- 
re, exornare, &c., 318. 

Acinus vinaceus, 473. 

Acipenser, 384. 

Acroamata, 296, 386. 

Aoiosiichides, 247. 

Acta, 14, 116, Caesaris, 
J58; diurna urbis, po- 
puli,publica, urbaiia,14 

Actio, 202. n.; civilis, 
vel legitima in rem, 
188, n. \ exercitoria, 
194; de peculio vel de 
in rem verso, ib.; fur- 
ti oblati, 195; ingrati, 
197, n.; in personam, 
188, H.; in rem, ib. ; 
■jussu, 194 ; male trac- 
tationis, 408; noxalis, 
197 ; prsEscriptis ver- 
bis, 74; prima, 212; 
secunda, 203, n.; se- 
pulchri violati, 42^1; 
tributoria, 194; vi bo- 
iiorum raptorum, 196; 
actionem dare velred- 
dere, &c., 186, n. 

Actiones, 17^; arbitra- 
rioE, vel bonae fide j, 197 ; 
ex furto, rapina, dam- 
no, injuria, 195 ; furti 
Erohibiti, et non exhi- 
lti,ib.;institoriiE,l94; 
legis, 154; mixlae, pce- 
nales, 197; pratoriae, 
188; rei persecutoria;, 
197 ; stricti juris, ib. 

Actor, 1S5, «. ; aclor, v. 
accusator, 214, n. ; ac- 
torem calumniae postu- 
lare, 204, n. 

Actores, 296, 462. 



Actuarii, 146, 446. 
Actum agere, 203. 
Actum est, 203 
Actus, 45, n.. 464. 
Actus legitimi, 154; 

quadratus, 4,6. 
Acumen, 390, n. 
Acus crinalis, 361, n. 
Addere sententia, 12. 
Addicere, 74. 
Addicti, 40. 
Adimere equum, 22; 

claves, 407. 
Adire ad rempublicam, 

121. 
Adjudicatio, 48. 
Adjuinenta regni, 117, ". 
Admissionales, 454. 
Admissiones 'ex officio 

ib. 
Admittere, 74. 
Adolescentulus, 23. 
Adop,io, 43. 
Ador, 466. 
Adoreum, ib. 
Adpromissor, 193, n. 
Adscriptitii, vel glebx 

adscripti. 32, «. 
Adversaria, 2)5, n., 441. 
Adulterini, 4(12. 
Advocati, 212,218. 
Advocationibus iiiterdi- 

ci, :il8. 
Adytum, 263. 
.-Edes, 45 ; pri vatae, 449 ; 

sacrae, 258, n. 
iEdicula, 25$. 
/Bdiles curules, plebeii, 

US; cereales, 119. 
.■Edilitii, 9, 99. 
^ditiii, vel aeditumni, 

257. 
.Edituus, 50. 

.Emulator, 167, n. 

iEneatores, 315. 

.^iquitas, 151. 

^Erarii, 110. 

^.Erarium, 121, 426 ; fa- 
cere, 107. 

iEratus homo, 426. 

-Ere dirutus, 328. 

.Erumniila, 474. 

iEruscare, 426. 

./Eruscator, ib. 

iEs, 426; alienum, 180, 
426; circumtoruneum, 
426 ; et libra, 42, 49 ; 
grave, militare, mu- 
tare, 426; rude, 4x5, 
n. ; uxorium, 109. 

jEsculari, 426. 

.Esculeta, 484. 

.'Eslas, 230, 

iEstimatio litis, 169. 

.'Etas coiisu:arU, 98, >i. ; 

2 u 



quffistoria, 4, n,\ sena- 

toria, 3, n. 
.Ether, 480. 
Africus, 473. 
Agaso, 474, 482. 
Ager, 45, 462. 
Agpre cum populo, 65, 

115; forum vei conveii- 

tus, 134; actum, 203. 
Agger, 311,3)2, 332. 
Asjitator, 482,47-1.276 n. 
Agmen justum vel pila- 

tum, 315; quadralum, 

315, 317, n. 
Agnati, 25,40, b,S3, r,. 
Agnomen, 26. 
AgoTialia, 270, -les, 252, 
Agonensis porta, 4S5, 
Agricola, 461, 462. 
Ahenum, 378. 
Ala, 304; alae, 309, 317, 

Alar'ii,317,n. 
Alnatus, 332. 
Album, 101, 183, 209; 
in album referre, 129, n 
Alea, 397, 398. 
Aleatores vel aleones, 

3y8. 

Alio die, 74, 75. 
Aliptae, 278, 380. 
Alites v. prajpetes, 241,fi 
Alligati, 214. 
Allani, 473. 
A hare, 263. 
Alternis imperitare, 92. 
Aluta, 359. 
Alvei, 337. 
Alveus,312. 
Amanuensis, 446. 
'Af^a-^a, 478. 
Ambarvales fratres, 249. 
Ambarvalia sacra, 249. 
Ambarvalis liostia, 249. 
Ambire, 72, u. 
Ambitus, 45 ; ambitCls 

lex, 81, «. b5, II. 
Ambulacra, 376, n. 460. 
Ambulalio hyp«thra 

vel subdialis, 279, n. 
Ambulationcs, 376. 
Amenta, 358. 
Amites, 475. 
Amomum, 381. 
Ampliitheatrum, 283. 
Amphora, 53, 94, 436. 
Ampliari, 216. 
Ampliatio, 217. 
Amplius, 217. 
Ampulla, 380, 394. 
Amygdalae, 384. 
Amystide^3y4. 
A n,i gnostic, 386, 446. 

Avaynaipri /?ei.Aeurwi/, 6. 

Anatocismus anniversa- | 
rius, 433. 



Anchora, 345. 

Ancilia, 226, ?,. 251. 

Ancipitia munin.uiita, 
331. 

Ancla, 408, 

Andabatae, 282, 

Angaria, 479. 

Angiportus v. -um, 45, 

Anguis, 479. 

Angusticlaviatunica 21 

Angusticlavii, 307, Sob. 

Angustus clavus, 21, 
356. 

Anima, 409. 

Aiiimam agere, dare, 
efliare, exhalare, ex- 
spirare, effundere, so- 
pulchro condere, 409. 

Animadversio censuiia, 
109. 

Aniniadvertere, 93. 

Animaliaambigeaa, /kc. 
407. 

Annales maximi, 237. 

Annus remiitere, 89, n. 

Annulus pronubus, 367, 
403, n. ; annul i se- 
mestres, 365; annuia 
aureo donari, 21. 

Anquisitio, 2U6. 

Antas, 449. 

Anteambulones, 164,387 

Antecoena, 370. 3S3. 

Antemeridianum tem- 
pus, 269. 

Antenna, 341, n. 343. 

Antepagmenta, 449. 

Antepilani, 304. 

Anteros, 225. 

Antes, 471. 

Antesignani, 320. 

Antestari licet, 185. 

Anlestati, 214, n. 

Antestatus, 43, 49. 

Antha, 480. 

Anticum, 451. 

Aiitiquare legem, 78. 

Antistiies, 257. 

AvrATj/ia, 4S0, 

Anilia, 312; curva, 4S0. 

Ayvn-oivToi, 358. 

AireXRvQepoi^ 5. 

Aperire annum, 93. 

Apex, 238,250; prul.p- 
sus, 238, n. 

AipfflOirri, 265. 

Apiarium, 459. 
A piustre, 342. 
Apoditeriuin, 379. 
Apiigaei, 473- 
ATToXeiTre.v, 407. 
A7ro7r«/*T6t»', ib. 
A pophoreta, 49,399,406. 
Apotheca, 4IG 
An-o^etoCTtf, 421. 
Appariliu, P.5. 



508 



LATIN INDEX. 



ApparitDres. 145. 
Awuellatio- 204, n. 
Apsides, 480, n. 
Aqua pura vel lustrails, 

419, n.: aquae el ign s 

interdictio, lo3. 
Aquaeiuctu?, 45, n., 494. 
Aq iiaria prov incia, libra, 

4y4. 
Aquarii, ib. 
Aquarum curator, prs- 

t'cctus, coiisularis, 4yo. 
Aqiiila, 308, «., 3-:U. 
Aquilo, 173. 
Ara,263, 264. sepulchri, 

lui.eris, 417; pro a.i> 

e; locis, 263 , aram le- 

nere, 201, tt. 
Araiiones, 401. 
Arator, 461, 453. 
Aratnim, 4G3. 
Arbiter, 198, 203; bi- 

beiidi, 397 ; aibitrum 

adigere, 19S. 
Arbitrium, 410. 
Arboralores, 151. 
Arbores. 470. 
Area vilis, 4ii, 
Arcera, 479. 
Archigallus, 253. 
Archiinagirus, obo, 
Aichiniimus, 413, 
Archipiisia, 398. 
Arcli gemiiiJE, 179. 
Arctopliylax, 479. 
Arctos, 479. 
Arclurus, 479. 
Arcula, 413. 
Arciima, 477. 
Arcus triuiiipliales, iUZ. 
Area, 45,419 4b6, 473. 
Arena, 6, 253. 
Arenarii, 2biJ. 
Argei, 271. 
Argeiitari*, 490. 
A rp;eiitarii, 48,434,490. 
Argentuln raullatitium. 

l"iU; pnsluiatuiii, in- 

t'ectuDi vel rude, f:ic- 

tiim, signjtuia, 42S. 
Areiletus, 44ti. 
Aries, 334. 

ApiffTOKpJtTlta^ 19. 

Ap^rot, 479. 

Arma, 3U6, n. 341 ; lu- 

soria et pugnaloria, 

28ti; coUigere 344. 
Armamcnta. 344. 
Arm iria, 310, n. 448. 
Armati, 350. 
Armenia, 4(j9. 
Armilla;, 324, 364. 
Afvv/Mai^ 'lio. 
Aromata, 381, n. 
Arrlia vel arrhabo,193, n 
Arroi;atio, 43, 19, ii. 66. 
Artologani, 384. 
Arundo, 440, 152, 467. 
Aruspicas, 2l6, n. 
Aruspices, 2S1. 
Arvales fratres, 219. 
Ar> uin, 462. 
Arx,242,486;aurca,4S6 
As, 30, H., 40,42,53,67, 

68, 424. 425. 436. 
Asbestos, 419. 
Aspergilluni, ib., it. 
A>s.., 379. 
Assamsiita, 251. 
.■isserere in servitulem, 

169. 



Asseres, 475. 

Assertor, 189. 

Asses, 427. 

Assessores, 103,135,210. 

Assiduus, 461. 

Assis. 426. 

Asipulator, 192, n, 

Astrea, 2.i8. 

Astroiogi, 244. 

Asylum, 264. 

Asymbolus ad coenam 
venire, 366. 

Atellani. 269-, Atellana; 
tabeliae, ib. 

Athenaeum, 487. 

Aihletse,-278,279, n.,e89 

Atrali, 352,414, n. 

Atria auctionaris. 43, n. 

Atrieiisis, 3S5, 455. 

Atrium, 263,451, 454, 

Attagen, b84. 

Attalica peripetasmata, 
o73Attalica;vestes.452 

Audio, 47, 48; audio- 
nem constituere, pro- 
ferre, 43, «. 

Auctor, 48; legis, 73; 
seiitentias, 13. 

Auctoranientum, 231. 

Auctorali, ii). 

Auctoribus p:itrlbus, 94. 

Auctoritas, 4S; Oitenia, 
159; consularis vel 
prajtoria, 99 ; in sena- 

tu, 17, n.; perscri])lie 

vel prsescript^ 13; 

prudeiiium vel juris 

consultorum. 1S3; se- 

natus vel senalCls cou- 

sulti, 10. 
Auditores, 156. 
Audituros vel auditores 

corrogare, 202, n. 
Auguraculum, 312, n. 
Augurale, 312. 
Auguratoriurn, 312. h. 
Augures, 74, n., 23'J, -ilS 
Augurium, salulis, 210; 

impetrativuni vel opta- 

tui.i, 243. 
Augustalo, 312. 
Augustalia, 272. 
Augustus, 140, 142. 
Aula, 231. 
Aultea, 373. 
Aul£eum, 293, »i. 
Aurea, 481. 
Aurea domus, 449, n. 
Aures, 463. 
Aureus, 423, 430; num- 

raus, 428. 
Auriculam ODponere,185 
Auriga, 482: 
Aurigse, a76, n. 

■ urigare, 482. 

urigarius, 482. 
••iurum coronariuni,136 ; 

semestre, 308; ad o- 

brussan', 428. 
Auspex, 239, 210. 
Auspicata comitia, 73. 
Auspicia augustacentu- 

riarum, 73 ; peremnia, 

210. 
Auspices nuptiarun),210 
Aiispicium, 210, 309, n. ; 

egregiumvel optimum, 

Auster, 473. 
Autographus, 443. 
Autuuinus, 230. 



Auxilia, auxiliares nii- 

liles, 303, K. 
A vena, 467. 

Aventinus mons,483,481 
Averta. 474. 
Aviarium 459. 
AvisAfra, 384. 
Avunculus, 25. 
Axamenta velassamen- 

ta, 251. 
Axilla;, 36S >,. 
Axis, 479, 483. 



Babylonica peristroma- 
ta, 373; doctrina, :il4. 
Babyloi.ii. 244. 
Bacca;, 363, )i. 
Bacchae, 229. 
Bacchanalia. 229, ti. 
Bacillus, 442. 
Badizare, 482. 
Bajuli, 474, 475. 
Balsena, 335, n. 



380. 
, 378, 



Balisice, 332. 
Balnea, 379. 
Baiuealor, 375, 
Balneum, 375, 

380, n. 
Balsamum, 331. 
Balteus, 355, /;. 
Baptisterium, 378. 
Barba prima,367,<<-; bnr- 

bampasi"ere,nutrirrt.o67 
Barbatus,367 ; luagi^ter, 

liber, 363. 
Ba<Ti,\.«a., 496. 
Basilicaj 1U3, 490. 
Basis, 491, 
Hastarna, 476. 
Balillum, 468, 
Batiola;, 394. 
Batuaiia,231. 
Bellaria, 374, 384. 
Bene mihi vel vobis, 396 
Bene6ciarii, 3i3. 
Benna. 478. 
Bes, bessis, 425. 
Bestiarii, 280. 
Bibere ad numernm, 

397, Graeco more, ib. 
Bti3\LOT7rr/oi, 416. 
BibliopoliB, 413, «., 41(;. 
Bibli«theca,3Sl,«.,l47, 

a bibliotheca, 416, 443, 
Bibiiothecarius, 443. 
Biblos, 438. 
Bicliiiium, 373, n. 
Bidens, 463. 
Bide«i;al, 411. 
Bigx, 427, 476. 
Bigati, 427. 
Bijujji V. -ges, 476. 
Bilix, 453. 
Bipennes, 264, 
Biremes, 338. 
Hirotuui, 477. 
Bisellium, 420, n. 
Bissextilis, 269. 
Boarium, 490. 
BoiiE, 219. 
Boleti, 381. 
Bolis, 345. 
Bolus, 398, n, 
Bombyx, 364. 
Bona gratia, 407. 
Bona parapliernalia,401 ; 

suspensa, 43. 
Bonitarii, 49. 
Bootes, 479. 
Bureas, 473. 



Batiarfoipyiioy, 433. 
Brace*, 350, 
Brachia, 343, 348. 
Brachia intendere, 314, 
Bubuicus, 443, 479. 
Baccina, 314, 315 ; ter- 

tia, 315. 
Bule, 63. 
Buleiitffi, ib. 
Buleuterium, ib. 
Bul-a, 474. 
Bulla, 441, H.; atirra, 

3:!6, n,, 353; scoriea, 

353, n. 
Burdones, 476. 
Burls, 463. 
Bustirapus. 421, 
Busiuarii, 418. 
Buslum, 417. 
Buxuni, 376. 



Caballi mons, vel C.ibal- 
linns, 4S4. 

Cab.alus, 474. 

Cadere, 259, 290. 

Caduceus, 226. 

Cadi, 3SS, 7i. 

Caducum, 174, n. 

Cadus, 436; caduui re- 
linere, vertere, 38S. 

Csdere, 26U. 

Caelebs, 388. 

Ca;lius, 484. 

Caerite cera digni. 107. 

Cacritum tabulae, ib. 

Caesar, 141. 

Caisim, 286, n. ; pele- 
re, 305, n. 

Ciesius V. ceslus, 279. 

Calaniistralui, 361. 

Calamus, 440,467. 

Calata, 49. 

Calcar, 481. 

Calceamenta, 358, n. 

Calcei,358: repundi,35D 

Calcecs mutare, 6. 

Calceus, 358. 

Calculi, 216, 217. 398. 
Calculus iVIinr-rvae, :iJ7. 
Caldariuni, 378, h., 370, 

«., 380, n. 
Calendae, 267 ; interca- 
lares, intercalares pri- 

ores, lb. ; tristes, 433. 
Calendarium, ili. 
Caiices, 394. 436 ; gem- 

njjti, pterati, 396. 
Caliendrum alium, 361. 
Cali^a, 307—359. 
Caligatus, 3117. 
Calones, 313, 173, 
Calumnia, 218, «. ; di- 

ceiidi.lilium.paucoruin, 

religionis, tinioris, 204, 
Caluniniam iurare, 211, 

«,; ferre, 201. 
Calumniari, ib. 
Calumniatures, 210, n. 
Calx, 275, 462, 
oaiuarse, 313. 
Camaritae, 343 
Camillas, 404, 
Camini portatiles, 454. 
Camisia, 356, 
Campestrati, 278, 
Campestre, ib. 
Canipestri gratia, 72. 
Campus Martius, 439, 

490 ; sccleratus, 2tibj 

venalis, 400, 



LATIN INDEX. 



509 



Canales, 160, n. 
Caiididati, 19, 73,86, 'i., 

llii; August!, Csburis, 

Diincipis, 121. 
Canes, 398. 
C;Lnici>Jae, ifa. 
( 'anis, 397. 
ra.ana, 440. 
Cannae, 337. 
Canon fruraer.farius, 60. 
Canthari, 394. 
Cantherius vel canthe- 

rium, 472 474. 
Cantlius, 480. 
Canticum agere, £89. 
Canusinatus, 483, n. 
Capena porta, 485. 
Capillamenlum, 338. 
Capere longa posses- 

Cajiillati, 367. 

Capis, 264. 

(^apistrare, 482. 

i'apistrum, ib 

Cjpite censi. 69, 82. 

('apitium, 357. 

Capitolinus, 484,483,436 

Capitolium, 4S6. 

Capitulum, 491. 

Capsa, 443, 447, "^ 448. 

Capsarii, 380. 

Capsarius, 443. 

Capsula, 366, «. 

Capsum, 47s, 479. 

Capularis, 412. 

Capnli decus, ib. 

Capulus, ib., 463. 

Ciput, 433, 491 ; exto- 
runi, jeciciore C£Bsum, 
261, n. ; porcinum, 322, 

Cjrbasa, 337. 

tjarcer, 219, «. 

C rceres, 275. 

Carchesia, 394. 

Cardiaci. 245, n. 

Cardinales venti, 474. 

Cardinps, 480; trans- 
versi, 473. 

Cardo, ib. ; eous, occi- 
duus, hesperius, 480. 

Caricse, 384. 

Caries vetustalis, 390,n. 

Carina, 3 !!,«., 342, 344. 

Carmen, 131 ; coniposi- 
tum, 131, 190, '1.; to- 
gatum, 290: deductum 
dicere, 454. 

Ciirmentalia, 270. 

Cormentalis porta, 485, 

Car.ia, 27a 

Caruifex, 143, 149. 

Carpentum, 477. 

Carpior, 385. 

Carpus, ib. 

Cariagium, 4/9. 

(farrago, ib. 

Carruca, 478. 

Carrucariiis ib. 

(Jarrus, 479. 

Caiyolae, 384. 

Ca»a Komuli, 487. 

Casae. 448. 

Cassis, 3U6. 

Casiella, 377. 

('asteria, 3-13. 

Castra, sesliva, hibema, 
310 ; leclicr.rioruni,476; 
metari, 31 0; movere, 
315,n. ; navaiia vel naa- 
tica, 346, n. ; stativa, 
caslrisleitils.&c.olO. 



Cataphracti, 307. 

Catapirates, 345. 

Catapultae, 332. 

Catastroma, 341, n, 

Catd.cB, 324, 363, u. 

Catena, 363, n. 

Catenati caltnres, 32, n. 

Catenula, 324, 363, n. 

Catervarii, 2S2. 

Cathedra, 475 ; longa,9. 

Cavsedium, 455. 

Cavea, prima, altlma, 

&c., 298. 

Cauda, 341, n. 

Caudex. 337, 471, n. 

C:-.upo, 497. 

Caupoiis, 497. 

Caurus, 473. 

Causa semel dicta, 157, 

n. ; sontica, 206, n. 

Causse centuuivirales. 

Its. n.; conjectio, 202. 
Causam agere, 211 ; di- 

cere, 109. n. 
Causarii, 302. 
Causiae, 285, n. 
Cautela, 342. 
Cedro illinere, 416, n. 
Celeres. 20. 
Cells fri^idarla, et cal- 

daria, 378. 
Celoces, 340. 
Cenotaphium, 423, 408. 
Censere populiasvltates, 

Euboles, familias, pecu- 

niasque, 107; referen- 
dum de aliqua re, 10. 
Censeri moduin agri, 

mancipia,pecunias,107. 
C«nsi, 58, H. 
Censio liastaria, 328. 
Censores, 1U6. 
Cpnsoria animadversio. 

]09,H.;subscriptio,107. 
Censoris judicium, ib. 
Censoriteiiierti notae,ib.; 

leges vel tabute, 108. 
Censum agere v.habere, 

107. 
Census, 5, H., 33, 67, 69; 

capitis, 60; equestris, 

108; ill corpore, 58; 

Roraani popuii, sena- 

torius, 108 ; soli, 60. 
Centaurus, 342, 
Centenarii, 138. 
Centenarius ager, 67. 
Centesim* bin», qua- 

terna;, renovatse, per- 

petuse, 433. 
Centesimatio, 329. 
Cento, 474. 
Centones, 331, n. 
Centuaria, 461. 
Centumviri, 121, 198 •, 

licibus judicandis, 122. 
Centunculus, 474. 
Centuris, 67, 68. 
Centuriam t'erre, non 

terre v. perdere, 79. 
Ceiiturio decimi pili, 

posterior, primi pili v. 

primi or.iinis, primus, 

prior, 303. 
Centurionatus, ib. 
Centuriones minores or- 

dine, ib. 
Centussis, 427. 
Cera prima et extrema, 

50. 
Cera:, 25, 50. 



2u 



Ceraraium,4. 63 

Cerasus, 470. 

Ceratae, 342. 

Cerberus, 233. 

Cercurus, 342. 

Cereales, 119. 

Cerealia, 271. 

Ceria, 467. 

Ceris incumbeie, 442. 

Ceriti vel cerriti, :i45. 

Ceroma, 278. 

Certamen athletlcum vel 
cymiiicum. 278. 

Cerussa, 3o2. 

Cerussatae, ib. 

Cervi, -331. 

Cervical, 475. 

Cervi5ia, 467. 

Cesses Sortuitus, 461. 

Gessio in jure, 47. 

Xwp-ir. 445. 

Chaldiei, 244. 

CUaldaicis rationibus 
eruditus, 244. 

Charouitae, 33. 

Ciiarta deletitia, 441; 
uentata, Augusta re -;i;i, 
Liviana, Hieratica, 
Claudia, &c., 439. 

Cliartffi.43S ; epistolares, 

444. 

Chenoboscium, 459. 
XtAiapioj, 307. 
Chiraniaxium, 477. 
Chirodotae, 355, n. 
Chirographns. 442. 
Chironouii, 295. 
CUironomonies, 385. 
Cbiroiliecae, 279, ((.,359. 
Chirurgi, 33. 
Chiamydatus, 310. 
Cnlamys, iD. 
Choragium, 294. 
Choragus, ib. 
Chorus, 294. 
Cibillae, 374. 
Ciboria, 394. 
Ci''um, 374; stantes ca- 
pere, 328, n. 
Cicatrix, 472. 
Cicer, cicercula, 469. 
Cilicia, 334, n. 
Cinctus.355 ;Qabinus,61 
Cinerarii, 361. 
Cinerarium, 419. 
Cingulum, 355, 7*. 
Cinirtones, 361, 
Cippi, 331. 
Cippus, 416, 419, n. 
Circense tomentum, 373. 
Circi, 489. 
C;rcuilores vel circi- 

tores, 314. 
Circulus auri v. aureus, 

363, H. 
Circunilerre, 69. 
Circumscripiiu. 114. 
Circus, 84 ; Apolliiiaris 

vel Flaminius, 84, 48U ; 

maximus, 274, 489. 
Cirri, 361. 
Cisiarius, 478. 
Cisium, ib. 
Cista, 78, H. 
Citari, 106. 
Cives iugenui, 33. 
Civitates foederula;, 61, 

.... 64. 
Clabulare, 479. 
Clamor, 296, n. 
Clarigiitiii, 299. 

iJ 



Clarissimus, 11, 125, 

Classiarii, 346. 

Classici,345 ; auctores '9 

Classicus, 66. 

riassis, 69, 347. 

Clathra ferrea, 283. 

C.austra, 450. 

Claustritunius, ib. 

Claustruui. 348. 

Ciaves, 450. 

Clavus, 343. 

Clepsydra, 202, 270, 315. 

Clientes, 24. 

Clitellae, cliteliaria. ■•74. 

Cloaca maxima, 495. 

Cloaca, 495. 

Cioacarium, 495. 

Cioacaru m c uratores .495 

Cioacina, 233. 

Ciypeus, 306, 378, 380. 

Coactiones argenliuias 
lactitare, 147. 

Cosctores, 147. 

Cochleae, 384. 

Cochleare, 396, 45&, 

Cochlearia, 437. 

Codex, 215, ,1.. 444, 
Gregorianus, Heriuo- 
genianus. Justini>.nus, 
Theodosianus,repetitae 
praj.ectiouis, iS3. 

Cdicilli. 52, 444. 

Coelebs, 386. 

Coe.ia, 467. 

Coelms uions, 483. 

Ccfilum. 480. 

Coemptio, 399. 400. 407. 

Ccena 369,383; adiliu- 
lis, adjicialis, 387 ; ad- 
ventitia, 38b. n., 387 ; 
anteJucana, 369 ; augu- 
ralis. diibia, 366; fera- 
li5,421; nuptialis,405; 
pontiftcaiis, 3S6; recta, 
3S7 ; saliuris, 3c6 ; via- 
tica, 387. 

Ccenacula, 455. 

Cceuaculum, 372. 

Coenae caput vel pompo, 
384. 

Coenatio, 372. 

C'ctnationes, 455. 

Coenula subita condlcti^ 
que, 3S6. 

Coercitio, 303. 

Cognati, 25, 40, n. 

CogiiilKres, 212. 

Cognomen, 26. 

Cognoscere, 104, 231. 

Cohors preetoiid, 320. 

Cohorles, 319; aiares 
vel alariae, 317, h. 

Coitio, 72, n. 

Cola vinaria, 389, n. 

Coliseum, 283. 

CoUaterales ii^redec,5S 

Collegimn, '^34, 2^6; 
consulum, 267, n. -, le- 
cialium,249,»<.;Flavi. 
alium,sodalium Augu^ 
talium, 243. 

CoUicae, 46-1. 

Coliina, 81 ; porta, 4^5. 

CoUis hortuloruin, 485 ; 
Murcius, Uianae, Bei 
monius, 484. 

CoKybislffi, 434 

Coloni, 32, «., 461, 462. 

C'lloiiia;, 61 ; mllitarps, 
62; civilcs, p!ebei«, 
tugatx, 63. 



510 



LATIN INDEX. 



Colonus bonus, -luX, n. 
Cnlum, 3SS; nivariuiii, 

396. 
CoUimbar, 219. 
Coiuinbana,420, 'i.,<li3. 
Coiii3iiiaa3iiea,491, M.e- 

nia, 492-, rostrdU, oil, 

491. 
Ciilumnae, 491. 
Culumnarii, 492. 
Columnarium, 492. 
Colus, 452. 
Coinacalamistrata, 361; 

in gradus torraata, 3til; 

Comburere, 410, n. 

Comissari, 370. 

Coiuissatio, o70. 

Coinissator, 370 ; conj u- 
rationis, ib. 

Cxnitatus. 133, n, 

Comites, 125. 

CumUia, 126, 159, 213, 
7,39, 65,70,71,75,60, 
125, 146, 157; CaUta, 
66 ; centuriata, 39, 43, 
49, 65, 66, 67, 7il, 71, 
73,79,83,100,130,149, 
205—207; curiata, 65, 
66,205,241; dirimere, 
112, n. ; habere, 65; 
majora, 67 ; populi, 84 ; 
tiibuta, 65, 6tj, 81, 83, 
8-1, 111, 113, lis, 119, 
122, 149, 205, 207, 203. 

Cumitiales dies, 65 ; 
comitialib'js diebus,7, n 

Ooinitiati tribuni, 159. 

♦ 'ouiitiuiii, 65. 

r.omnientari, 281. 

Commentarii, 237, 443; 
electoruni vel selcctu- 
rtim, 443; a coinniuiita- 
riis, 443. 

Commentai'ius reruin 
urbanarum, 237. 

Gommissiones, 487. 

Committere opera, 487. 

Comoedia, 289; comu;- 
dix t05afas,pra;tcxtata!, 
trabeatai, &c,, 289; A. 
tellanae, 290. 

Ciiinraune, 44 ; in com- 
mune consuleie, pio- 
desse, &c., 44. 

Compaclores libniniiu, 
■146. 

("iimparare inter se, 133. 

Comparatione partiri,9o. 

Compedes, 219, 217. 

Comperendinatir), 200. 

Corapitalia, 271, 279. 

Cuinpluvi.im. 230, 455. 

Componere, 409, 410,419 

Couipromissarius, 198. 

Cnmpromissum, 200. 

Concanierata sudatio, 
378, H., 380, «. 

Concepta actionis inten- 
tijne, 197, n. 

Concha, 315. 

Couchylia, 384. 

Conciliabula, 64. 

■(^onciliatores, 240. 

Concilium, 15, 210 ; pls- 
bis, 8!. 

Concionalis hirudo le- 
rarii, 23. 

Concionem dare, produ- 
'lere, advocaie, in as 
cen\lere, habeie,venire. 



in vicare, 115; in con- 

cione stare, ib. 
Goncioiiescondiictje, 23. 
Cuiickmare, 409. 
Conclamatum est, 409. 
Conclave, 455. 
Concubina, 401. 
Concubinatus, 401. 
Concubium velconcubia 

nox, 269. 
Coiidere, 411 ; in a;ra- 

rium, 15; lustrum, 09; 

rite manes, animain se- 

pulchro, 409 ; corpora, 

418. 

Condictio, 200. 
Condictiones, 191. 
Gonditor dulciarius,385. 
Conditores juris, 155. 
Gunditoria, 422, n. 
Gonditorium, 419. 
Gonducta multiiudo, 23. 
Cundiictores, 461. 
Gonlarreatio, 399, 400, 

401, 407. 
Con-iariura, 354, 437. 
Gonsii, 436. 
Gongius, 354, 437. 
Conjectores, 245. 
Goiijurali, 301. 
Conjuratio, 301. 
Gonjux, 401, 
Coiinubium, 401, n, 
Conquisitio, 303. 
Conquisiliires, 303. 
Conscripti patres, 2, 8. 
Gonsecratio, 424. 
Consensuales, 192, 
Consentes dii, 227. 
CJonsessores, 210. 
Gonsilia seinestria, 8. 
Consiliarii, 201, 13.5, ». 
Consilium, proconsulis, 

135, n. ; reipublice 

seinpiternum, 2 ; in 

consilium secedere, II 4, 

n. ; in consilium udhi- 

beri vel assiimi, 156, n. 
Gonstitutiones, 20, 18i, 

n.; principales, 182, «. 
Gonstratus equus, 3l;7. 
Consualia, 272. 
Consuere os, 482, 
Consuetudo vel mos ma- 
jorum, 183. 
Consul prior, 93. 
Consulares, 9, 99, 137 ; 

lejati, rectores, 137. 
Consularis i<qu,iruni,49o 
Cunsulere senatum de 

aliquare, 12; lictt,155. 
Consules, 91, 92 ; desig- 

nati, 94.80; hon.Harii, 

ordinarii, suft'ecli, 99. 
Consuli ordine, 9. 
Consulta belli, sapien- 

tum, Gracchi, 14. 
Conii, 34.1, ". 
Gonticinium. 269. 
Gontubernales, 29, 133, 

313, 401. 
Contubernium, 29, 313, 

319, 401; vivere in 

contubernio, 313. 
Gonvenlus, 134. 
Gonvivari recta, recteet 

dapsile, 387. 
Convivii dictator, dux 

vel strategus, 397. 
Convlvium intimpes'!- 



Goptae, 385. 
Goqui, 33. 
Coqi'.us, 3S5. 
Gorbitae, 312. 
Coria, 334, «. 
Gornicen, 66. 
Cornicula, 324. 
Corniger, 229. 
Curnu, 295, 314. 
Gornua, 317 «. ; velo- 

rum, 344; portus,3iS. 
Corollas, 296, S81, n. 
Coroilarium, 2%. 
Corona castrensis, 323; 

civica, 322 ; graminea 

obsidionalis, 323; mu. 

rails, navalis, rostrata, 

323; spicea, 249; val- 

laris, 323; sub corona, 

28; corona cingere vel 

circunidare, 330, n. ; 

cum corona ebrius, 381. 
Coronae, 362, 381, u. 
Coronam coUi»erc,202,n 
Coronare cratera vel vi- 

na, 397. 
Ci)roiiarium aurum. 1,16. 
Corpora lecticariorum, 

476, nondum concla- 

mata, 409. 
Corpus juris, 102, 112, 

152, 183,184 ;secare, 40. 
Correctores, 125, 137. 
Corrigere mores, 1 JO, n. 
Corrigia, 358, n, 
Gorlina, 247, n. 
Corus, 473. 
Corvi, 349. 
Gorybantes, 253. 
Corynibi v. corona,341,>i 
Corymiiu.^, 472. 
Coryphieus, 294. 
Gothones vel • na, .MS. 
Cothurnus, 292, n., 359. 
Cotylae, 436 
Govinarius, 478. 
Covinus. 478. 
Crater, 3'Jl, 397. 
Crates, 332, n. ; dentata, 

464; sub crate necuri, 

329, n. 
Gieari, 79. 
Cremare, 410, n. 
Crepidae vel -dula;, 358. 
Grepidarum ostragula, 

359, n. 

CrepidatJ, 369, n. 
Crepundia, 404. 
Crepuscnluni, 269. 
Greta, 275, 362. 
Greta v. cressanota,21fi 
Cretata;, 362. 
Cretali pedes, 28. 
Cretio haereditatis, 52. 
Crimen majestatis, 117, 

n., 135; raptus, 196, n. ; 

regni, 70. 
Giinales acus, 361, ji. ; 

fasciae, vittae, 362. 
Crines ticti vel supposi- 

ti, 368, «. 
Crinitus, 227. 
Crista, 306. 
Crorota, 365. 
Crusts, 395. 
Crustula, 381. 
Crypta, 497. 
Cryptoporticus, 376. 
Cubicula, dormitoria, 

nocturna etdiurn:i,455. 
Cubict larii v. -itves, 4r5. 



Cnbicularius. 34, n. 

Gubiculum, 283. 

Gubile, 475. 

Cubitus, 435, 436. 

CucuIIus. 356, 369, «. 

Cudo, 360. 

Culcita, 373. 

Culeo insuUis, 221, n. 

Culeus, 437. 

Culina, 454. 

Culmen, 418, 469. 

Culmus, 409. 

Culpa potare niagistra, 

Culter, 4C3. 

Cultrarii, 257. 

Cultrarius, 261. 

Cultri, 264. 

CuluUi, 394. 

Cunierum, 46t. 

Cuneus, 283,298, n..32:. 

Cuniculum agere, 336, <.. 

Cupedia:. 384. 

Cuppa vel cupa, 397. 

Curator, 138. 

Guratores aquarum.49 1; 
operum piiblicoruui, vi- 
arum, &c., 122. 

Curetes, 252, 253. 

Curiae, 1,2,7,65,66,490. 

Guriales, 56. 

Curio, 1 ; iMaximus, 1, 
66, 161. 

Curiones, 56, 249. 

Curricula, 477. 

Currus, 476, 477 ; faica- 
ti 477. 

Cursores, 475 ; publioi, 
197, 

Cursoriae, 340. 

Gursus, 277, «., 476. 

Gurule ebur, 89, 177. 

Curules niagistralus.ib, 

Gustodes, 78. 

Custodia, 451 ; libera, 
219. 
Custodise, 314. 
CyJthi, 436. 
Cyathissari, 396. 
Cyathus, 396; ad cya- 
thos stare et slatui, ib, 
Cyclas,362. 
Cymba sutilis, 337. 
Cymbia, 394. 
Gymbula:, 342, n. 
Gynosura. 479. 
Cytisus, 467. 
D 
Dactyl i, 384. 
Ddctylotheca, 366. 
Aw.t;iO»'«j aya$ot /cat wa* 

^01, 415. 
Damnati ad gladium ei 

ud iudum, 281. 
Damnaiiu, 51; ad bes- 

lias, 220, n. 
Damno, 51, 52. 
Damnum, 219; injuria 

datum, 196; prajstare, 

196, n. 
Dapes,417; libatae,3Sl. 
Decanus, 313. 
Decempeda, 435, n. 
Decemviri, 6, 7, 70, 84, 

86, 130, 131, 149, les, 

199, 246; litibus judi- 

candis, 121,192; sacris 

faciundis, 3, 3 ; sacio- 

rum.lOa. 
Decerci 312. 



LATIN INDEX. 



511 



Decernere, 76. 

Decies, ceniies, &c. 429. 

Decimaui, 305 ; limites, 

472. 
Decimatio, 329. 
Declarari, 79. 
Dccoilare, H55. 
Decreta, 182, n. ; augii- 

rum, Gxsaris, consu- 

lum, deciirionum, judi- 

cis, poiitificum, princi- 

pis, 14. 
Dt'cretoria arma, 2S6. 
Uecretuni, 115; seiia- 

tiis, 10, 14; tribunorum, 

114; ultimum vel ex- 

tremum, 18. 
Decums 51. 
Decumani, 54. 55. 
Decumaniim, 61). 
Decumamis, 55,472, 473 
Decunx, 425. 
Decuria senatoria judi- 

cum, 210. 
r)ecuriaE.146, 147,210 304 
Decurio, 63, oU9 •, cubi- 

culariorum, 455. 
Decurrere, 315, 418; ad 

tucita saffragia, So. 
Decuisio, 615, n. 
Decussatio, 47':^. 
Decussatum, 477. 
Decussis, 42". 
Dedititii, 28, 34. 
Upducere, 453. 
Dpductnres, 72, 164. 
Defen sores, 212, u. 
Defrutum vinum, 391, n. 
l).-l"uncti, 301. 
llejici de ponte, 77. 
Deiatio nominis, 211, n. 
Delatores publicorum 

crirainuni, 210, n. 
fit'lectum habere,300, n. 
Belirare, 465. 
Uelphica, 374. 
Delubra, 25S. «. 
Deludere. 267. 
Denarii, 63. 
Denarius, 30, n., 31, 40, 

427, 430. 
Denicales feriae, 420. 
Dens, 463. 
Dentale, 463. 
Dentis evulsio, 363, n. 
Depeculator, 135 n, 
Ueponere vino, 409. 
Depontani, 77. 
Depnrtatio, 56, n., 220. 
Depositiones testium, 

214. 
Depositus, 409. 
Derogare, 79. 
Descendere, in aciom, 

campum, &c., 218 ; ut 

acturus, ib. ; vinuni,oS9 
Desertor, 477. 
Designari, 79. 
Designator, 413. 
Designatores, 285. 
Despondere Jiliam, 4'J2. 
Desultores, 477. 
Dcsultorii, 4^7. 
Detestatio .sacrorum,66. 
Deunx, 425. 
Dexians, 425. 
Dexter et sinister, 242. 
Diajta, 455. 
Dianome. 63, n. 
Diaria, 325, 44.5. 
Diariuni serviuui, 3J,fi. 



Dihapho vestire, 242. 
Dibaphum C02itare,242. 
Dicam scribere, subscri- 
bere vel sortiri, 18b, ». 
Dici, 79. 
Dicrotae, 33S, n. 
Dictator, 70, 86, 99. 
Dictaturasemestris, 127. 
Diebus fdstis, 185, n. 
Diem diftindere vel dif- 
ferre, 203, n. ; dicere, 
206 ; prodicere vel pro- 
duceie, ib. 

Dies Alliensis, 2/2 ; at- 
ri, 274; civilis, 2(-;9; 
comiliales, 65 ; concep- 
tivffi, 270, '..; fasti, 101. 
154, 157, 270,«.; feria: 
270; imperativae, 271). 
n.; infausti, 274; inter. 
cisi, 154, «.; iusti,203; 
lustricus, 27; natura 
lis, 269, n. ; nefasii, 
101, 154,n.;pr5Eliares, 
274;profesti, 274;pro- 
lestus, 270,«. ; religiosi, 
274; statas, 270, n. ; 
status, 200; tirocinii, 
354; togae virilis, 354. 

Diespiter, 221. 

Diflarreatio, 400, 407. 

Digesta, 183. 

Digitalia, 359, n. 

Di^itis crepere. 385. 

Digito liceri, 191. 

Digitum toUere, 47. 

Digitus, 435, 436; an- 
nularis, 366. 

Dii ccelestes, 223 ; indi- 
getes,231;niagni,228; 
majoruin gentium, 221 ; 
marini, 262; minoium 
gentium, 230 ; nobiles, 
2;8; patellarii, 381; 
selecti. 221, 228. 

Diis reddi, porrici, 262. 

Dijovis, 233. 

Diluculum, 269. 

DUudia, 287. 

Dimachaeri, 282. 

Dimer,suni,31,M.,33n.n. 

Diminiitio capiti.s, 57 ; 
capitis maxima, media, 
ib. 

Dimittere nxorem, 407. 

Dioccesis, 124. 

Dionffia mater, 224. 

Dionysia, 229, n. 

Dioscuii, 276. 

Dioia;, 391. 

Dipiithera, 369; Jovis, 
439. 

A:(peeoiM, 439. 

Diploma, 444, 497. 

Dira vel Dirae, 243. 

Diremptio suttragioium, 

Diribi;ores vel distribu- 

tores, 78. 
Dirimere comitia, 75, n.; 

suffragia, 78. 
Discakeatus, 358. 
Discedere in alia oiiinia, 

Discessio, 13, n. 
Disci jactus, 278, n, 
Discincti, .328, >i. 
Discinctus, 355. 
Discus, 278, 374, n. 
Discutcre, 1114. 
Disputaiiti fori, 155. 



fa- 



Distributores, 73. 
DiusFidius, 231. 
Diverbia, 289, ". 
Diversores, 497. 
Diversoria, 497. 
Diverticula, 497. 
Divide, U. 
Divinatio, 210. 
Divini, 245, 
Divisores, 72 
Divortium, 406, n 

cere cum uxore, 407. 
Dixi, 215. 

Do, dico, addico, 101. 
Doctor, 443. 
Dodrans, 425, 436. 
Dolabra, 464. 
Dolium, 388. 
Domina, 443. 
Domini insularum, 46. 
Dominium qnintarium; 

49. 
Dominus, 29, 35, 39, »., 

49, 110, r,., 141, 112, 

280, 443. 
Domitor, 482, n. 
Domunculx, 3S3. 
Domus, 45, 48 ; Palati- 

na, 484; private, 449. 
Dona, 417. 

Donari annuln aureo, 21 . 
Donatio, 48. 
Donativum, 437. 
Dos recepticia, 401. 
Dossuaiia, 474, n. 
Drachma, 67, 425, 429. 
Draco, 479. 
Dropax, 318. 
Ducenarii, 138,210. 
Ducere, 452, ?i., 453; 

honestum ordinem,bUS; 

ttxorem, 404. 
Duces, 125; multi'udi- 

num, 24, u. 
Ductus, 309, n. 
Duella, 53, 425. 
Duo et vicesimani, 305. 
Duodecim scripta vel 

scriptula, 398. 
Duode vicesimani, 305. 
Duplicarii, 325. 
Duplicatio, 194. 
Duumviri, 63, 131, 205, 

n., 208, n., 246, n. 
Dux, 326; legionis, 308; 

prtefectusque classis, 
346: turmae, 309. 



Ebur,467; ciirule, 89,477 

Ecclesia, 63. 

Eculeusv.equuleus,213 

Edicere, 101, ». ; seua- 
tum, 7. 

Edic-a, 7, 20, 182, n. ; 
tralatitia vel nova, 101. 

Edictum, 101, «., 102, 
115 ; peremplorium, 
perpetuum,provinciale, 
urbanum.uiium pro om- 
nibus vel pro tribus, 
102. 

Editionem, per, 212. 

Edititiijudices, 213. 

Editor gladiatonim, 280, 
283, n., 284, 286, 287. 

Editoris tribunal, 283. 

Edulia mellita vel dul- 
ciaria, 384. 

EXaT„c, 482, «. 

Egredi lelationcm, 10, 



Egregii, 125. 

'£«xa(jgAfl7p?7?, 3:8. 

Elajothesium, 360, n, 
Klieborosus, 245. 
Elogium, 51, 423. 
Emancipate, 41. n., IP. 
Emancipatio, 41. 
Emblemata, 395 j ver- 

miculata, 457. 
Enibolia, 296. 
Embjlus vel -um, 480. 
Emere a malo auctore,4S. 
Emeriti, 301, 3ifl. 
Emplastratio, 471. 
Emplastrura, 363. 
Emplio, 400, ji. ; persss 

et librani, 42, 49 ; sub 

corona, 47. 
Endromis, 278. 
'Hvcojj^oj, 482, K. 
Ensis, 307. 
Enubere patribus, 41. 
Enuptio genlis, 41. 
Ephemerides, 443. 
Epfiippia, 307. 
Ephippium, 474. 
Epibatas, 346. 
E>r./9aepai, 345. 
E7rt7pa(^i7, 423. 
Epirhedium, 479. 
Episcopus 124. 
Epistola, 19, 12.'>,n.444. 

ab epistoiis. 44b. 
Epislylium,491. 
Epitaphiu.m, 423. 
Epith^ilamia, 405, n. 
Epitrapezius, 382. 

'ETrraXoi^oj, 483. 

Epulae sacrificiales, !^2. 
Epulum votivum,259, n. 
Epulari de die in diem, 

369. 
Eques, 3?9. 
Equestiis ordinis prin- 

ceps, 22. 
Equi jugales, j'.igarii, 

juges, funales, 461. 
Equiria, 270. 
Eqniso, 482. 
Equitatus Justus, 304. 
Equiies, 1, 2C, 21, 22, 

23, 68, 209, 210, 216, 

317,356. 
Equum adimere, 22. 
Equus Octubris, 273. 
Ergastulum subienane- 

urn, 32, n. 
Ervum, 467. 
Esculus, 470. 
Esquilina,81 ; porta,485. 
Esstdarii, 282. 
Essedarius, 478. 
Essedum, 478. 
Euripus, 275, 283, 460. 
Eurus, 473. 
Everra;, 420. 
Everriator, 420. 
Evccare, 186, n. ; doos 

330. 
Evocati, 303, 312. 
Evocatio, 301. 
Exauctorare, 330. 
Exauctorati, 327, n. 
Exauctoratio, 329, 330. 
Exaugurari posse, i66,ri. 
Exauguratio, 43, n 
Exceptio, 202, n. 
Excubiae, 314,451, 48 1. 
Excubias agere olt, «. 
Exedr*, 447, n. 
ExtrciliauU raluni 315, 



512 



LATJN INDEX. 



Exercitator, 279. 
lixercitor navis, 194. 
Exeicitus, 315; consu- 

laris, 309, n. 
lixhaeredare, 51. 
Exigere foras, 408. 
Kxilium, 220. 
Eximere diem dicendo, 

11. 
Exodia, 289. 
Exumis, 3ii9. 
Exostra, 298. 
Expeiisi latio, 434. 
Exploratoriae naves, 340. 
Expromissor, 40. 
Exquiljniis, 481. 
Exsequiae, 411; imnia- 

turae, 412. 
Exta consulere, 261, n, 
Extispices, 245. 
Extraordinarii,309,3i2, 

315. 
l<,xuviae, 324. 
Exverrae, 420. 



Kaba, 467. 

Kabell* Atellani, 289. 
Fabri, 33. 
Eabricae, 310, n. 
Kabulam I'acere vel do- 
cere, 290. 
Facem inter utramque, 

413; faces nuptiales, 

maritae, legiiima;, 404. 
t'aclio alba vel albata, 

iussata, veiiela, prasi- 

na, auratii et purpura, 

276. 
Eactiones aurigarum, 

276; quadrigariuruiu, 

477. 

Kagi, 484. 

Ka-^utalis mens, 484. 
Kali«, 270. 
Kallax Circus, 489. 
Kiilx, 464. 
Kamilia, 26. 27, n., 29, 

4U, n., 48, 49, 231. 
Vaiiiiliae cinpior, maiici- 

patio, 49. 
Kaniiliares, 29. 
Kamul*, 365, u. 
Fana, 245, 258, n. 
Eanatici, 245. 
Ear, 40U, 466. 
Earreum libum, 400. 
Kariria, 466. 
Kasces, 8, 90—93, 103, 

322, 3l'6. 
Eascia:, 356, 357. 
Easelus, 467. 
Kasti, 166, 237, 274; 

cunsulares, kalendares, 

-3t'i ; iastosreserare,93 
Eastigiatus, 456. 
Kasiigium, 456; operi 

imponerc, ib. 
Eatidici libri, 247, n, 
E'iuiialio, 270, :i73. 
Eaustus, 242. 
E'avete Unguis, 146. 
Eavoriius, 473. 
Fax, 413; prima, 269. 
Eebruari, 265. 
F(!ciales vel letialcs, 

:il9,299. 
Eelix, 242. 
Eauiiualia vel feiiiaa- 

lia, 357. 
Feuestrie, 457, 



FoiLaia,270;munera,421 
E'ercula, 326, n., 385, 

417; prima, 374. 
Eerculum, 475, 493. 
Eereiitarii, 305. 
Eeretrum, 412, 494. 
Eeria, 71, 166; Concep- 

tivae, 273; deiiicales, 

420, imperative, 2;3; 
Latinae, 114, 123, 278. 
Ferre repulsam, centu- 

riam, suifragiura vel ta- 
bellam, 79. 
Ferrum recipere, 287, n. 
Ferula, 31. 

Fescenniiii versus, 28S. 
Eestucas iut^r se com- 

inittere, 189, n. 
Festuin aiiciliorum,271 ; 

mercatorum, 272, n. 
Eibulie, 334, 356. 
fidei coinmissarii, 52. 
Eiuei commissura, 51. 
EiGejussor,sponsor,192. 
Fidem de I'oro toUere, 
_190. 

Eides, jusjurandum, 143 
Fidicines, 237. 
Fidicuii, 213. 
Eiduciarius" haeres, 51; 

puter, 42. 
Filum ducere, 453, 
Fimbriae, 361. 
Flmeta, 462. 
Eiuius, 462. 

Ki^cales gladiatores,282 
Fi^cella, 4S2, 
Fiscus, 121, n., 17 1, «. 
Fislula,440;i)asioritia, 

296, «. 

Eislulae, 377, «., 460, «. 
Fiabella, 385, n. 
FUg.-lla, 472. 
Flagellun., 219, 481; 

liorribi.e, ib. 
Flaijrum, 481. 
Elanieii, 4, 66, 250,231, 

254; dialis, 239, 400; 

didlis, Martialisel Oui- 

rinalis, 250 ; C^saris, 

251. 
Flaiuinae, 237. 
Flamiues, 2c6; minores, 

251. 
Flaininia poita, 485. 
Elaminica, 251, ». 
Elaminii, 257. 
Elaratneum vel -us, 403. 
Floralia, 271. 
Flumentana porta, 485. 
Focale vel -ia, 357, 358. 
Eoculi, 454. 
focus, 263, 454 ; peren- 

nis, pervigil, 422 ; por- 

tatilis, 144, n. • 
Eoeneratores, 434. 
Eceniseces, 468. 
Foenurii,468;cardum,ib. 
FcenUE,433; perpeiuum, 

unciarium, 433. 
Folia, 438, 470. 
Folliculus, 375. 
Follis, 375; pugillatori- 

iis, ib. 
Eons aequitatis, 153. 
Foi-a. 63, 490 ; trina.490. 
Eoraininaremorum, 341, 

n., 342, 
F.,r,eps, 322. 
Ifonlx buves, 271. 



Fordicidia, 271. 

Eorensia, 355. 

Fores,449;laureatx,450 

Fori, 274, 341, n. 

Formula, 58, 75, 101, 
186, n., 194; formulae 
stipulationum vel spon- 
siouum, 192, n. ; for- 
mnlain intendere, 186. 

Eormularius, 187. 

Fornices, 493. 

Euro transverso, 151, n. 

Fortuna muliebris, 40S. 

Furuli, 448. 

Eorum, 218, 252, 311; 
Appii, Aureliiim, Cor- 
i-.elii, 63; Cupediiiis, 
490; Julii, Livii, 63; 
magnum, Nerva;, Ro- 
manum, triplex, vetus, 
490 ; et conveutus age- 
re, 134, n. 

Forus, 393. 

Eossa, 312. 

Fossae, 331, n. 

Eraena injicere, concu- 
lere, accipere, 482 ; lu- 
pata, ib. 

Era;aum, 481; mordere, 
482. 

Eratres ambarvales, ar- 
vales, 249. 

Frigidarium, 378, 380. 

F.itillus, 397. 

Eroute recta, aequatis 
trontibus, 321, ;i. 

Bructuarium, 472. 

Eructuarius, 49. 

Fructus, 433. 

Eruge et salsa mola, 173. 

Eruges salsae, 360, d. 

E^i-umenta, 468. 

Erumentaria:, 340. 

Frumentarius canon, 00. 

Fruinentum duplex,3:i5; 
emptum, decumanuni, 
imperatum, 60. 

Fruteta,462. 

Erutices,470. 

Eucare, 452, ri. 

Fucatae, 362. 

Eucus, 362. 

Eugilivarii, 31. 

Eugitivi, 31. 

Fulcra, 373. 

Euligine cnUinere, 363, 

Fulmen, 221, n. 

Eumarium,3ft9,f..,393,«. 

Eumosus, 454. 

Funales cerei,413; equi, 
481. 

Funalia, 413. 

Funambuli, 296, ,,. 

Fundi, 45; popuii, 57. 

Eunditores, Baieares, 
&c., 304, «. 

Eunjlus,45;fieri,.37,61. 

Funebfia justa, 4;i2, «. 

Euneraindictiva, tacita, 
147,413, «. 

Eiiner;e,418. 

Euneris dominus, 413, n. 

Eunes, 343,345; qui ma- 
lum sustinent, 341, ;i. 

Eunestus, 243. 

Fnreta, 472. 

Eiinus,4H.4l3;acerbum 
vel immaturum, 412; 
iiidictivuci, censonuni, 
ciinsulare, priEloriiini. 
iriuiiipkitlev j^iul/iicum, 



cullalivum, taiilun% 
transIaiiliuiQ, pleiiei- 
urn, commune, vulgare. 

Fur nee manifestus, 195. 
Furca, 30, 474; expel- 

lere, ejicere vel exiru. 

dere, 475. 
Eurcifer, 30. 
EurciUa, 474. 
Eiires, 195. 
Furi-*, 229. 
Furtum coiiceDtum, 157, 

195. 
Fuscina, 2S2. 
E"ustes, 219, n. 
Eiistuariuin, 219, 329. 
Fusus, 452. 



Gobiiius cinctus vel cul- 

tus, 61. 
Galbanatus, 365. 
Galbani mores, 305. 
Galea, 305, 306. 
Galeiiculum, 368. 
Galerus, 238, n.,305,36n, 

368. 
Qalli, 253. 
Gallia togata, 38, 
Gallicae, crepidae, 358. 
Galliciiiium, 269. 
Gallina, 384. 
Gallinariuiu, 459. 
Gausapa, 357, 375, n. 
Gemma perspicua, 407 ; 

vel germen, 471, 
Gemmae, 366, ». 
Gemoniie, 220. 
Genesis vel genitura,214 
Genialis lect'us, 4UJ, u. 
Genetliliaci, 244. 
Genista, 467, 470. 
Genius, 230. 
Gens, 25; toe;ala, 3.Ji). 
Gentes, 25-27. ". 
Gentiles, 25, 40, »,, 53, 

«., 56, II. 
Gentilitia, 56, «. 
Genua inceraredeorum, 

258. 
Tifavof, 480, 
Geruli, 474, 475. 
Gestatio. 376. 
Gesticulatorcs, 3S5. 
Gladiator jilurimarum 

palmarum, i86. 
Gladiatores suppo-itilli, 

subdititii, po.>tulalit':i, 

6scales,ord!nai ii,tatfi-- 

varii, ineridiani, 2Si; 

sine missione, iSl. 
Gladiatoria sagimi, 281. 
Gladiatorium, 281. 
Gladius,307 ; ad gladinm 

damnati, 281 . pluiiileo 

gladio jugulari, ib. 
G'iarea, 496, n. 
Glastum, 225. 
rAavKiuffij ASrivt;, 222. 
Gleba, 189, n. 
Glebaeadscripti, 32. 
Giirarium, 469. 
Globus vel orbis, 322. 
Glomerare, 452, n. 
Gloriosissimus, 125. 
G.utinatores, 446. 
Giadus,298,n.,43j:de. 

jectio, 328, 'i.; milu.i- 

ris, 315, ti. ; primus lin. 

noris, 121 ; vel s4ili!i;>, 



LATIN INDEX. 



513 



283, n.; senatorius -t. 
Graeco more bibeie, 39/, 
Qraecostasis, 2t>9. 

Vpa/A^arsta^ 193» 

Grammaiici, 33, 

Graphiarium, 442. 

Graphium, 440, 442. 

Gratiae vel charites, 225. 

Gratiarum actiones,2j9. 

Gratulatio, 322, n. 

Gregarii milites, 307, n. 

Grebes, 469. 

Gressus, 435. 

Giibernaculum, 341.343. 

Gubernator, 343, 34l;. 

Gustatio vel guslus,363. 

Gustatorium, 333. 

Guttura, 264. 

Guttus. 380. 

Gymnasia, 381, m, 419. 

Gymnasiarchus, 219. 

Gymnasium, 278, 279. 

Gymnici agones, 279, n. 

Gyinnosophistffi, 411. 

Tvyaiiceity, 455. 

Gynaeceam, 455. 

Gypsati pedes, 23. 
H 

H. S. 429, 432. 

Habe tibi tuas res, 407. 

Habena, 3i, n. 

Habenae, 482. 

Habere comitia, 115. 

Haedi, 482. 

Haeredem nuncupare,49. 

Haeredes ascendenies, 
coUaterales, descen- 
dentes, 52 ; secundi.51. 

Hsreditas jaceus, 44; 
sine sacris, 66. 

Haereditatem iidire, 52. 

Hiereditatis creiio, 52. 

Haeredium, 461. 

Haeres, 33, 51, 52, n. ; 

fiduciarius, 51, 33, n.; 
ex asse, semisse, 53. 
Hama, 480. 
Hars, 459. 
Harioli, 245. 
Harpagones, 349. 
Harpastum, 278, 375.' 
Haruspex summus, 215. 
Haruspices, 245. 
Haruspicina, 245. 
Hasta,2S,47,199;pura, 

324; sub hasta, 2S. 
Hastaria censio, 328. 
Hastati, 304. 306, 3SS, 

312. 317, 316, 3i:l. 
Hastatus primus, 303. 
Haustum, 48'. 
Hebdomades, 267, n. 
Helciarii, 317. 
Helice, 479. 
Heliocaminus, 45G. 
Helix, 347. 
Hemiuse, 236. 
Heminaria, 437. 
Hemisescia, 425. 
Hepteres, 338. 
Herciscere familiam,48. 
Hermae tiunci, 22o. 
Hermuli. 275, 277. 
Hesperides, 459. 
Heteria, 166, ». 
Hexaphoros, 475. 
H'xaphoruui, 412. 
Hexeres, 338. 
>libernacQla, 316, »i. 
Hiouis, 230. 



HieronicjE, 279. 
Hilaria, 271. 
Hippagogae, 340. 
Hippagines, 340. 
Hippodrorai, 489. 
Hipporera. 474. 
Hisiriones, 26S, 413. 
Holocaustum, 261. 
Holograplium, 50. 
Holoserica vestis, 364. 
Homo per se cognitus, 

25; sine oensu, lOS, 
Honestus, 146. 
Honorarium, 135, 390, 

n.; decurionatus, 63, n. 
Honorarius, 19S. 
Honorati, 102. 
Hoplomachi, 282. 
Hora hibprna, sexta noc- 

tis, seplima,octava,"^b9 
Hora, 230. 
Hoideum, 467 ; hordeo 

pasci, 328, n. 
Horologia solai ia,269,n. 
Hi)roscopus, 244. 
Horreura, 468. 
Hortator, 347. 
Horti pensiles, 459, n. 
Horlus vel ortus, 459 ; 

pinguis, 460. 
Horreum, 468. 
Hospes,382;o.bhtas.386 
Hospitalecubiculum 3S3 
Hospitalia, 383. 
Hospitia, 46, n., 497. 
Hospitium, 382, 3S3. 
Hnstes, 39. 
Hostia. 260, n.; ambar- 

vaiis, 249. 
Hosiilia, 7. 
Humare, 411. 
Hyades, 482. 
Hybridae, 402. 
Hymenaeos canere, 405. 
Hyraenaeus, 405. 
Hypocauston, 378. 
HypodidascaJus, 443, 
Hypodromus, 489. 
Hypogaea, 423. 
Hypomneniatd, 4-13. 



laspis, 336, n. 
Idiographus, 443. 
Idus, 267. 

Isn^biles, 25. 
lenominia, 109, 220. 
liicet, 419. 
IIle°itimi, 402. 
lUustres, 21, 125. 
Imagines, 25. 
Iinmoiare, 2oO. 
Immoii, 3a8. 
Iiiipages, 450. 
Impendium, 433. 
Imperator, 18,67, n. 136, 

140, 141,322. 
Imperalores, 91. 
Imperatoria raajestas, 

142. 
Imperatum, 60. 
Imperium, 68, 134, n. 

137, 309; prorogare, 

13-', n. 
Impetritum, inaugura- 

tum est, ^3. 
Impluvium, 230, 455. 
fmpolitia, 109. 
IinpubereS; 31, n. 



Imus, 372. 
I 



naugurare, va, n. 

Inauguratio, 43, ;;43 

Inaures, 363. 

Incendiarii, 163. 

Incestuosi, 402. 

Incestus, 402. 

Incilia, 463. 

Incinctus, 355. 

Inciti, 398, ad incitas 
redactus, ib. 

Inclamare, 409. n. 

Incuui reddere versus, 
440. 

Incuria, 109. 

Index, 191, n. 

Indicare, 191. 

Indictio, 60. 

Indictiis senatiis. 7. 

Indiciies dii. 231. 

Indomitum, 392, j>, 

Indusium, 356. 

Intamia, 220. 

Infamis aer, 485, n, 

Infanstus, 243. 

In/elix, 243. 

Inlenae, 421, 422; infe- 
rias ferre. mitiere, 421. 

Inrtciatio, 202, h. 

Infrequentes. 32S. ". 

Infulie, 249, 260, n. 

Ingenui, 23. 

Injuria summa, 151. 

Injuria leviores, 195, n. 

Inoculare. 471, n. 
Inoculatio, 471, ». 

Jnofficiosum, 51. 
Iiiquilini, 32, h. 46, 
Jnscriptio, 48, 2S1, n. 
Inscriptus, 3U. 
Insigne navium, 342. 
Insitio, 470. 
Iiispergere, 260, n, 
I>istita,351. 
Institnres, 194. 
Inslituta, 183, n. 
Instrui, 133. 
Insulae, 45, 46, 449. 
Insularii, 46. 
Insulsus, 382. 
Intentio actionis, 187. 
lutercedeie, 113, 114; 

senatiis consuito, 15 , 

omnibus aclis, 92, u. 
Inteicessione desislere, 

114, n. 
Interdicere, 103, 183, n. 

Italia, 220. 
Interdicta, 103. 
Interdiclio, 189, n.; 

aquae et iznis, 2^0, 
Interfari tribuiio, 167, n. 
Interloqui, 1114. 
Interpretes, 72; juris, 

155 ; sacrorum, 234. 
Interregnum, 91. n. 
Iiiterrex, 6, 70, 71, 86, 

89, 91. 

Interrogatio, 192. 
Interula, 356. 
Intestabiles, 214, 220. 
Intestatus, 53, n, 
Intonsus, 227. 
Involucra, 439. 
Ire in alia omnia, 12, 
Irpex, 464. 
Irrogare pcen.im, Tel 

mulctam, 76. 
Iselastici iudi, 273. 
Isicium, SS4. 
Iter, 45, n. 



Jactus, 398, m, ; pessi- 
mus v. damncius, Ve- 
nereus v. basilicus,398. 
Janicularis, 483. 
Janiculum, 484. 
Janitor, 450, 451. 
Janitrices, 450. 
Janua, 449, 451. 
Japix, 473. 

Jecur sine capi'e, 261, n. 
Jentaculum, 370. 

Jubere legem vel rog;:. 

tionem. 76. 
Judex, 197 ; qnasslionis- 
203, 209. 

Judicalum facere vel 
solvere, 203. 

Judicem ferre alicui, 

199 ; ejerare, 200. 
Judices, 91,101,103.121, 
146, 157, 159, 170, «. 
171, 209; care, 199; 
edere, 213; pedanei, 
201; selpcti,198. 

Judinia, 184 ; centum- 
viralia, 199, n.; exer- 
cere, 103, n. ; privata, 
185; publics, 199. 

Judicium. 186, 197, n. ; 
dare vel reddere, 186, 
n.; ex albo, 198, n.-, 
hastffi. recuperatorii;ra, 
199; perduellionis, 70; 
quadruplex, 199. 

Juga. 338, 341,392. 

Jugales equi, 481. 

Jugarii, 481. 

Jugerum,436,464. 

Jugulare, 260, 261. 

Jugum, 401, n. 452, 463, 
464, 472; ignominio- 
suni, 452 ; subire, sub 
jugo cogere, &c. 47. 

J omenta sagmaria vel 
sarcinaria, 474, 316. 

Jupiter indiges, 232. 

Jura nova condere, 151 ; 
reddere, 312, n. san- 
guinis Tel cognatiouis, 
151. 

Jurare in acta impera- 
toris, 143, n.; in leges, 
SO, n. ; in verba, 27, 
60, 302, n. 

Jurat! homines, 213. 

Jure cedere, 188, n. ; 
cessio, 47; vocatae, 7b. 

Juridicus Alexandrinas 
civitatis, 133. 

Juris auctores vel con- 
ditores, 155; consu li, 
151; disciplina, intel- 
ligentia, interpretatio, 
periii, pracdiatorii pe- 
ritus, 151 u. ; regulae, 
155; studiosi, 151. 

Jurisdictio, 88, 134, n., 
137, 185. 

Jus, 44, 148, n. 150; JE- 
lianum, 151 ; applica- 
tionis, 64; aueurarum, 
auspiciorum, 151 ; auxi- 
lii, 114; bellicum vel 
belli, caeremoniarum, 
151; censCls, 53; civile, 
151, 155; civile Flavi- 
anum, 151; civitatis, 
38, n., 57, 58 ; civium 
yel civile, commune. 



514. 



LATIN INDEX. 



150, n.; connubii, 3!); 
coiisuetudinis, 151 ; di- 
cere, 101, 217, n.; di- 
Cere, reddere, vel dare, 
l.)2 ; divinum, 150 ; do- 
minii, 190; dominii le- 
gitimi, 39; extremum 
tribunorum, 113; feci- 
ale, Flavianuin, 151 ; 
lundi,4o, n, ; gentilita- 
tis et familiae, 39 ; gen- 
tium, 150 ; honorarium, 
100, 102; hon()rum,53, 
55; Lospitii, 382; hu- 
inanuin,l50; imaginum, 
25 ; inferendi, 416, n. ; 
ill re, 188, n.; Italicum, 
39, 44, 57, 59; Latii, 
39,67—59-, lege, legi- 
timum exigere, 151 ; li- 
beraa legationis, 133; 
libertatis, 39; liberta- 
tis imminutum, 57 : 
mancipii, 47; mililiaj, 
63, 54 i inortuum inier- 
endi, 43, n. ; naturae 
vel naturale, 150 ; ne- 
cessitudinis, 152; nexi, 
47; patronatiis,42; pa- 
triura, 39; pontiticuiu, 
151 ; populi, 15, 11. ; 
postliminil, 57; prx- 
iliatorum, 151; prieto- 
rum, I01,n., 151; rela- 
tionis priiuae, tertiaj 
quartae et quinta, 10; 
privatum, 150,".; pro- 
vinciaruin vel proviii- 
ciale, 39; publice epu- 
landi, b, «. ; publicum, 
150, n.; Qulriiium, 39, 
151; regui, 152; reli- 
gionis, 151 ; KoDianum, 
15^ ; sacrorum, 53, 55 ; 
sucrosancta: potes talis, 
114, H.; sacrum, 150, 
n., 151 ; scriptum, 129, 
H., 151, 152, n., 153 ; 
senatorium, 150; suf- 
fragii, 38, «., 53, 55 ; 
suaimus, 151; testa- 
menti et ha^reditulis, 
o9; tribunatuspetendi, 
112, n. ; trium libero- 
rum, 174; luteliE, 39, 
53, n, ; in jus rapere, 
185, n. ; vocare, 118, 
n., 185, a. 

Jusjuraudura, 302. 

Justa,411. 

Justitia, 151. 

•Iusiitium,273, 422. 

•luslus equitatus, 304. 

Juvenes, 23. 

K 
Kalendoe Graecae, 269; 
sextae, 267. 

KaratTTpwfjtarat 345. 
Hara<ppaKTOt, 345. 
K nAet'ffrTjj, 547. 
KsKorac^.o^, 408. 
Kfi^Tpo.-, 4t)4, 481, n. 
K Aii.a((«s, 315. 

K o-rreiy, 450. 
h wdmv, 125. 



Laliicana vel Lavicaiia 
porta, 'Jb5. 



Labrum, 378, ". 
iiacerna, 352, n., 369, n. 
Lacinia, 350, 360, n. 
Laoonicum, 378, ».,o79, 

•1., 380, n. 
Lacunaria, 457. 
Lacus, 388. 
Laena, 250, 357. 
Aawr»i^«tv Trpoj «evrpa,481 
Lana, 452 ; lanaui car. 

pere, &c., ib. 
Lances, 386. 
Lanitici, 452. 
Lanista, 281, 
Lanugo, 367, n. 
Lanx, 374; satura,288. 
Lapilli, 216. 
Lapidibus cooperiri,329. 
Lapis, 496 ; albus, 374 ; 

specularis, 457. 
Laquearia, 457. 
Laquearii, 282. 
Lares, 48, 144, 230, 263, 

271, 353, 381, 400. 
Larva argeatea, 397. 
Larvae, 415. 
Larvati, 245. 
Latera, 341, n. 342, n. 
Laterunus mons, 484. 
Laticlavii, 307. 
Latitundia, 470, «. 
Latini Juliani, Us ; so- 

cii, 57. 

Latinitas, 57. 
Laiium vetus et novum, 

57. 

Latrones, latrunculi,398 
Latus clavus, 4, 6, 90, 

356, 4'<i2 ; tegere,236, n. 
Laudatio, 215, 414. 
Laudatores, 215. 
Laudicxiii, 202. 
Laurea, 328, n. 
Laureat* tores, 450. 
Laurentinalia, 273. 
Laurigcri peuates, 450. 
Laurus, 470. 
Lautuniiaj, 35, n. 219. 
Lecti, 412; tricliniares 

vel discubitorii, 372. 
Lectica, 475; octoplio- 

rus, &c., 412. 
Lecticae, 412. 
Lecticarii, 412,475 ; lec- 

ticariorum corpora et 

castra, 476. 
Lectisternium, 259,376. 
Lectures, 44lj. 
Lectus, 371, 373; genia- 

lis, 405, n. 
Legare aliquem sibi,133. 
Lesati,309;C'»saris,137 
Legatio libera, 17, 133, 

168. 
Legatus, 133, 310. 
Lege agere, 147 ; inter- 

rogare, :dll ; uti, 152, n. 
Legem abrogare, anti- 

quare, vetare vel noa 

accipere, derogare, ju- 

bere, obrogare, rogare, 

subrogare, 79. 
Leges. 155, 157—182; 

agraria;, 115;censorice, 

152; consulares, 150; 

curiula;, 120; deceni- 

virales, 131, 153, 150 ; 

delevando fcenoie,115, 

n. ; de nnvis tabulis, 

115; duodccim tabuUi- 

ruuijloO 153 ; Icciiibres, 



1)5, Ji.; fiumentarlae, 
115; niancipii, 15'.^; 
muiiicipales, 61, 152; 
resiie, 129; scribere, 
130, ». ; tabelariaj, 77 ; 
tribunltiae, 150; vemli- 
tionis, versuum, liisto- 
riie, poematum, Iol'. 

Legibus solntus, 143. 

Legio, 1, 304. 

Legitimi, 402. 

Legitimus,21; senatus,7 

Leguleius, 187. 

Legumina, 460, 467. 

Lembi, 340. 

Lemnisci, 381. 

Lemures, 415. 

Lemuria, 271. 

Lenocinia, 362. 

Lens, 467. 

Lentes, 349. 

Lenticula, 381, n. 

Leiiunculi, 340. 

Leporarium, 459. 

Lessus, 413. 

Leucargillon, 463. 

Lex, 149, 150, loz; Le- 
lia et Fusia, 75; anna- 
lis, 89; annua, 101; 
Catholica, Christiana, 
152 ; Cornelia, 89 ; cu- 
riata, 66; Julia, 58; 
Licmia, 98; regia, 20 ; 
sanclissinia, venerabi- 
lis, 152; ViUia,b9. 

Lexidia, 413. 

Liba, 384. 

Libamiiia prima, 261. 

Libare diis, 381, ". 

Libalie da pes, 381. 

Libatio, 260. 

Libeila, 427. 

Libelli, 444; imDcra- 
toris, 19, 162; libcllis 
coiisignare, 213. 

Libellus, 121, ». 205, n. 
niemorialis vel r.itiu- 
nalis, 444, n.; postula. 
tionum, 211, 

Liber, 438, 444; barba- 
tus, 36S; m»steus,38S. 

Liberalia, 270, 271. 

Liberi, 27 ; legitimi, il- 
legitimi, naturales, spu- 
rii, adullerini, iuce&tu- 
osi, 402. 

Libertas justa, 33. 

Liberti, 28. 

Libertini,4, 28. 

Libertinus miles, 125, n. 

Libitin* quaestus, 410. 

Libitinam vitare et eva- 
dere, 409. 

Libiiinarii, 409. 

Libo tibi, 3J1. 

Libra, 424, 425, 430; 
aquaria, 494 ; per a;s 
et libram, 42, 49. 

Librarii, 146, 446. 

Librarian, 446. 

Libraiius, 443. 

Librator, 494. 

Libripens, 42, 49. 

Librorum conc'uuiatores 
vel compactores, 446. 

Librum evoivere, 441. 

Libs, 473. 

Liceri, 191; digito, ib. 

Licia, 4.52, 453. 

l.iciiator, 191, n. 

Liuior, US; poslremus. 



primus proximus, siim- 

nius, 14 (. 
Lictores, l-!7. 
Ligamiiia, 362. 
Ligna acapna, 45 1. 
Ligo, 463. 
Ligula, 35S, 396. 
Ligula;, 4:-(7. 
Lilia, 332. 
Lima; labor, 440. 
Limare opus, 440. 
Limbus, 351, n. 
Limites, 468,472; agro- 

rum, 171; deciiniani.4/J. 
Linea alba, 275, «.; sa- 
cra, 398. 

Liiitea, 337, 375, oSO. 
Linteones, 452. 
Liiiteum turale, 373. 
Lintres, 337. 
Linum, 4W. 
Liquet, 216; mihi noii, 

203. 

Lira, 464, 460. 
Li;are, 464, 465. 
Litare, 358, 421 ; diis, 

261, n. 
Litem aistimare, com- 

ponere, dijudicare, aU3; 

suan> i'accre, 2U4. 
Literd damnatoria, sa- 

lutaris, trislis, 210. 
Lilerae, 444; laureata;; 

322, «. 

Literatus, 30. 
Lites dii imere, 129, n. 
Litigantes, 189, «. 
Liligatores, 187, n. 
Litis contestatio, 200. 
Liiuus, 24.', 314, 315. 
Lixae, 313. 
Lixivium, 360. 
Locarii, 285. 
Loialioiies inducere, 

108, u. 
Loculamenta, 44?. 
l^eulus, 419, 44J. 
Lucuples, 461. 
Locus consularis, 372, 
Lodicula, 373, 
Lodix, 373. 
Lora, 482. 

Li.rica, 283, n. 306, 331, 
Loricati,S07. 
Lorum, 358, n. 
Lotos, 255. 
Luteres, 20, 81; postc- 

riores, 21. 
Lucina, 222. 
Lucta, 277, n. 
Lnttus, 422, 
Lucus, 258. 
Ludere datatim, expul- 

sim, raptim, 376. 
Ludi Apollinares, 272 ; 

Cereaies, 271; circen- 

ses, extraordinarli,274; 

ntagni vel Homani, Au- 

gustales, 272; Osci, 

2.S9 ; piscatorii, 272 ; 

scenici, 288, n. ; secu- 

lares, stati, votivi, 274. 
Ludicrum Oscum, 289, 
Ludii, 413. 
Ludiones, 288, n. 
Liidus 'JVojae, 279 ; ad 

ludum danmati, :281. 
Lugub.iasumere,422,«. 
Lumina,4y4. 
Luna, 230, 358 
I.uiiaia pellis,pl.inta,356 



LATIN INDEX. 



515 



Lnnatici, '245. 
laupata fraena, 48"?. 
Lupercal, 252. 
Lupercalia, 237, 270. 
Iruperci, "252. 
JLiupi, 482. 
Lupinum, 467. 
liupus, 384. 
Liustrare, 69. 
Lustricus dies, 27. 
Lustrum, 3, 5, 69, 70 ; 

condere, 110, n. 
Lutetim flaniineum, 403. 
Ijymphati vel LyniphatU 

ci,24o;nummiiiuri, lb. 
Lymphaticus pavor, 245 



Macellum, 490. 

MacrocoJIa, 439. 

jMacta esse 260. 

iMactare, -260. 

Maeiiades, 'Z29. 

IVlieiiiana, 275. 

Magister, 252, 346, 443 ; 
admissiouum, 454-, col- 
.legii, 241, 246; vel 
convivii, 397 ; curia, 
C6-, equitum, 90, 127, 
n. 12a, H. 129, n. ; mo- 
rum, HI •, navis, 346 ; 
populi, 125, 129, n.; 
societatis, 22. 

Magistratus curules, 89, 
477 ; extraordinarii,88 ; 

-rnajores, raajores ordi- 
Earii, minores ordina- 
rii,_89; ordinarii, S6\ 
ordinarii minores, 122. 

Magistri equitum, 1^4; 
navium, 346; officio- 
rum, scriniorum, 125. 

Majestatis crimen, 1U5, 
13.7, 171. 

Mala, 381. 

Mallei, 451. 

Malleoli, 471. 

Malleus, 261, n. 

i"Malobailirum, 381. 

Malus, 341, «'., 343. 

Hxanceps, 44, 55. 

.Mancipatio, 46, 47, 192. 

Mancipes, 55, 151 , con- 
ducti et redempii, 2U2. 

Mancipi res, 44. 

Mancipia, 28, 32, n. 

Mancipium, 46, 47. 

TtUndaia, 182, u. 

Mane, 269. 

Manes, 415, 418, 422; 
rite condere, 409. 

Mangones, 28. 

Manicae, 219, 359, n. 

Maniis, 415. 

Manicula, 463. 

Manipulares, 307, n. 

Manipulus, 304, 318,319. 

Jiansio, 310. 

Mansiones, 497. 

Mantica, 474. 

JMantile, 375, n. 

j^Ianuleali, 355. 

Manumitlere, 33. 

Manus, 3y8, «. ; injec- 
tio, 168, M. 203; manu 
omnia guberiiare, 129; 
manum conserere, 189. 

Mappa, 375, n. 

Marcellea, 135. 

Marculi, 451. 

Marga, 463. 



Margaritae, 45, n. 363, n 
Marginari, 496. 
Margines, 496. 
Maritari. 388, «. 
Marra, 464. 
Mars extramuraneus 
272. 
Marsupium 2-26, n. 
Massa plunibea, 282, «, 
Mastigia, 30. 
Macrr^K, 481. 

iMater familias, 401. 

Materia vitis, <172. 

.Mathematici, 244. 

Matraiia, 272. 

MaU-iini, 400. 

Matrimonii renunciatio. 
408. 

Matrona, 351, 401. 

Jlatroiialia, 270. 

Matta, 373. 

Mausoleum, 422, 

-Mazonomum, 386, 

Medidstinus, 3U, n. 

Medica, 467. 

Medici, 33. 

Medimnus, 437. 

Meditrinalia, 272. 

-Aleaius, 372. 

Megalesia, 271. 

Melaiicholici, 245, n, 

Membraiia, 439. 

Mensa niarmorea, 374, 

H. ,• opima, prima, 374, 

383; secunda, 376.383; 

altera, 383. 
Mensae, 374, 386; inae- 

quales, 374. 

Mensam apponere et aa- 

ferre, 374.' 

Mensarii, 434. 
MensisVKneris,225; in- 

tercalaris vel IMacedo- 

nicus, 265. 
-Menstruum, 31. 
Meracius, 394. 
Mercatorise naves, 340. 
-Mercenarii, 30, n. 
Merces, 433; par, 202. 
.Aierenda, 370. 
iMerelrices, 401. 
-Alerga, 468. 
.Alergites, 468. 
Meridian!, 282. 
Meridies, 269, 4S0. 
Meritoria, 478, 497. 
Meo-oj^oaoj, 202. 
>leta,-'^5;priiiia,&c.276 
-■Metatores, 310, 316, h. 
Metreta, 436. 
jAIetropolis, 124. 
Micsj-e digitis, 399. 
MUes, 1 ; manipularis, 

318. 

Militare aes, 426. 
Militi* commoda, 330, 

n.\ mutatio, 328, «.; 

praemia, 330, «. 
MiUe, 436. 
Milliarium, 436; aure- 

ura, 496. 
Mimographi, 295, n. 
Mimus, 295. 
Mina, 429. 
Miiioe, 425. 
Minervalij, 271. 
Minionatffi, 3bi. 
Ministrator, 202. 
Ministri, 145, 147, 257, 

385 ; qufflstoris, 101 
Minores, 99. 



Minium, 163, «. 446; 
purpurissum, 362. 

Mirniillones, 282. 

Missio, 281, u.\ causa' 
ria, gratiosa, honesta, 
ignominiosa, jusla, 330. 

Missus, 277. 

Miteliae, 362. 

ilitr«, 362. 

Moderator, 482. 

Modii, 436. 

Modiolus, 480, H. 

Modiperator, 397. 

.Modius, 31, n. 3-13, 437. 

Mola salsa, 260, n. 

Molybdis, 345. 

Mo^,,p«j, 340. 

Moneta, 428. 

Monilia, 363, 482. 

Monopodiuin, 374. 

Monoxyia, 337. 

Monstra, 240. 

Montorius, 484. 

Monumenta regis, 239. 

MonuDientum, 419; hae- 
reditarium, 416. 

Moratores, 275. 

Morbus comitialis, 75. 

fllores majotum, 130, n. 

Moriones, 366, n. 

Morra, 399. 

Mors, 220, 229. 

Mos majorum, 183. 

Motoria; comcedice, 290. 

Movere equestri ordiiie, 
22; vel ejicere, 5, 107, 
>i. ; senatu v. iribu, 107. 

Mucea, 135. 

Muicta, 219; mulctae 
poenasve csrtatio, vel 
irrogalio, 206. 

Muli Mariani, 475. 

Mulio, 482. 

jMuUus, 304. 

Mulsum, 383. 

Multatitium argentum, 
120. 

Alundusmuliebrii!, 360. 
Munera, 417 ; militaria 
capere, 61. 
Munerarius, 280. 
Munerum indictio, 329. 
.Muiiia V. munera ca- 
pere, 38, n. ; pacis et 

belli, 68, n. 
Municipes, 38. 
Municipia, 38, 61. 
Munihces, 313. 
Munus, 21,n. 48. 
Murtena, 384. 
Murex, 365, 469. 
Murra, 396. 
Musculi, 335, n. 336. 
Museum, 44" ; v. musi- 

vum opus, 457. 
Musteus liber, 38S. 
Mustum, 388. 
Mutadones, 497. 
Myrotheca, 371, n. 
Myoparones, 340. 
Mystae, 223. 
Mysterium, 223. 
N 

N-ania, 413. 
jsaevia porta, 485. 
Nardum, 3S1, ». 
Nasturtium, 382, n, 
Natatio, 37S. 
Naturales iilii, 402. 
Nauclerus, 316. 



89. 



Naulum, 233, n. 

Naumacliia, 280, n. 

Naumacliiarii, 280. 

Nautae. 315, n. 

Nautea, 342. 

Nauticus clamor, 347 

Navales socii, 345. 

Navalia, 345. 348, n. 

Navarclii, 346. 

Naves actuariaa, 340" 
sratae, 344 ; annoiia- 
riae, 342; bell icie, 344 
caudicai iae, 337 ; eft 
leres, Lihurnffi, 310- 
longffi, 338, 341, h.344, 
mercatoriae, &c., 340; 
octo, novein, decem or- 
dinum vel versuum, 
338 ; onerariae, ib. . 
rostratae, 344; sutiles, 
337 ; tectae vel constra- 
ta, 345 ; subducere et 
reScere, 348. 

Naviculariam facere,3 16 

Navicuiator, 34b. 

Navigia vitilia, 337. 

Navis dominus, exerci- 
tor, magister, 194; 
praetoria, 342, ;i. 346. 

Nefasti, 274; nelastis 
V. atris diebus, 7, «. 

NegGtiorum gestor, 191, 

Nepos discinctus, 355. 

Neptunalia, 272. 

Nere, 452, n, 

Nervus, 219. 

Nessotroptiium, 459. 

Neurobatae, 2t'6, n. 

Nexi, 33, n. 40. 

Nexum vel -us, 46, 47. 

Nidi, 448. 

Nili, 460. 

Nivei Quirites, 387. 

Nobiles, 25, 

Nobilissimus, 125. 

Nodus Herculeus, 403. 

Nomen,26, 434 ; deferre. 
211, n, ; liatinum, 57. 

Nomenclator, 72, n. 

Nomina facere, exigere, 
explicare,&c.434 ; tam- 
quam habeas cria no* 
mina, 35, 434. 

Nominari, 79. 

Nonae, 267. 

Nota argenti,427; iners 
censoria, 109 ; Falerui 



Not<E, 146, 154. 
Notarii, 146, 446. 
Notarius, 442. 
Notas inurere, 107, n. j 

notis excipere, 146, ii. 
Notus, 473. 
Not.^uflv.a, 269. 
Novaj tabulae, 40. 
Novalis, 465. 
NovellaB, 184, >i. 
Novendiale, 420. 
Novendinae, 26". 
Novi homines, 25. 
Novicium inventum,493 
Nox concubia, inteui- 

pesta media, 269. 
Noxae dare, 196, n. 
Nubentis utensilia, 404. 
Nubere, 403. 
Nubilarium, 468. 
Nuces reliiiquerp, 405; 

spargere, ib. 
Nuclei pinei, 3&4. 



516 



LATIN INDEX, 



Nu^x, 413. 

Numina legionum, 319. 
Nummi serrati, 42S. 
Nummularii, 434; vel 
pecuniie spectalores, 

Nummus, 426, 427; ad 

signa depositus, 1:;0, «. 

asper, veius, &c.,42S. 
Nuncupare hEeredem,49 
Nuiicupatio testamenti, 

49. 
Nundlnae velnovendmas, 

166, 239, 267, 274. 
Nuntiatio, 74. 
Nuptiffi, .,99, 401. 
Nymphic, 233, n. 
Nymphseum, 489. 

o 

Obserati, 70. 

Obices, 450. 

Obligatio, 194. 

Obliquare sinus in ven- 
tos, 344. 

Obnuntiare, 75. 

Obnuntiatio, 74. 

Obolus, 410, 4-29. 

Obrogare legem, 79. 

Obrussa, 428. 

Obstragula crepidarum, 
359, ». " 

Obstrigilli, 3i)S. 

Occa dentata, 464. 

Occiaens, 480. 

Occinere, 74, 

Occoecari, 471. 

Ocimum, 467. 

Ocrea, 285, n. 307. 

Octophoros, 475. 

Octocborum, 412. 

Oculi, 471. 

Oculos imponere, 471 , n. 

Oculus navis, 341, n, 

aleioy, odeum, 4S9. 

Odores, 417. 

CEnupoUum. 387. 

Ofticina chartaria, 416. 

Officinae armorum, sapi- 
ent iaj, 446. 

Ofticium, 94, 404; so- 
lenne togee virili.s, 334. 

Olt'ringere teriam, 405. 

Olearix naves, 3>U. 
Oliiorium, 490. 
'OXxadrs, 338. 
Oils, ii64, 

Omiiia captare, 243, n. 
Qv.OM.li, 4-.>5. 
Onus mililHm, 316. 
Opera una, &c., 465. 
Operse couducUB vel 

conductorum, 23. 
Operani dare, 18, 202. 
Opislographa, 443. 
OpistOirapliu3, 441. 
Oppu^nare, 330. 
Oi^cui'ioi', 370, u. 
Opsoiiium, 370, n. 
Optimates, 25. 
Optio, 309. 
Optiones, 308. 
Opus limare, 440; mu- 
seum vel musivum,457. 
Oraculum, 243. 
Orae, 345. 
Oram solvere, 345. 
Oratio, 121, n. 
Oratores, 212. 
Orbit, 32^. 



Orbes, 37 J, ri.; facere 
vel volvere, 3i2. 

Orchestra, 6. 298, 299. 

Orcini, 33 ; senatores.ib. 

Orciiiiana sponda, 412. 

Ordeum, 467. 

Ordinarii gladiatores, 
282. 

Ordines,319;explicare, 
317; militiae, 319, n. ; 
inferiore.s etsuperiores, 
ib, ; populi, 1; reino- 
rum. 3j8. 

Ordinum ductores, 308. 

Ore favere, 146. 

Orea, 481. 

Orgia, 229, n. 

Oriens, 480. 

Originarii vel origina- 
les, 32, n. 

Orn:iri, 133. 

Ornatrix, 3ti2, n. 

Orniihon, 459. 

Oscines, 74, 241, n. 

Ostenta, 240. 

Ostia, 248. 

Ostiarii, 32, n. 

Ostiarius, 450. 

Ostium, 449. 

Ostracismus, 216, 217. 

Oorpaxa, 217. 

Oslrea, 3S4; ,ostreurum 
vivaria, 381, ti. 

Ova, i7€. 

Ovatio, 328. 

Oviles, 77, 78. 

Ovum, 384; ab oro us- 
que ad mala, ib. 
P 

Pacta, 403. 

Psdagogi, 30, 443. 

Paedagogium, 30. 

Paganalia, 273, 67. 

Patjani, 63 ; et muutani, 
56, 473. 

Paginae, 473. 

Pagus, 67. 

Pala, 463. 

Pala;stra, 2/8, 279,379, 

ri. 460,189; palueslram 

discere, 279. 
Palaestricus magister vel 

doctor, 279. 
Palffistritae, 279. 
Palanges, 347. 
Palare vites, 472. 
Pdlaiia, 375,315, n. 
Palatina.81 ; domus,4S4. 
Palatinus mons, 483. 
Palatium, 284, 483. 
Palea, 469. 
Paleslr*, 381, n. 
Pali, 312, n. 473. 
Palilia, 1,271. 
Palimpsestos, palinxes- 

tus, 441. 
Palld, £92, n. 351. 
Palladium, 13, 222, n. 
PalliatjE comoedisE, 290. 
Palliati, 350. 
Pall.um, 290, 350, 357. 
Palma, 342 ; lemniscata, 

^77, 2S6. 
PaimiE, 472; virides, 

202, n. ; palmaruiu piu- 

rimarum gladiator, 2b6. 
Palmipes, 435. 
Palmula, 342. 
PalmuljB, 384. 
Palmus, 435, 436. 



Paliidamentum, "10. 
Paiudatus, IJ-J, k.; pa. 

ludati duces, 313. 
Palus,37j. 
Paiiipin.re, 472. 
Panipiiiariuin, 472. 
Paiicratiasta;, 189. 
Pancratium, 4S9; pan 

cratio certare, ib. 
Pandectas, 183, n. 
Panegyricus. 09. 
lla.y^vp.s, 199. 
Panici terrores, 232. 
Panis et Circ-nscs, 145; 

farreus, 40^1. 
Pantheon, 25S, 456, 487 
Pantomimi, 295. 
Papilio, 283.. 
Papyrus, 438. 
Par impar ludere, 398. 
TlapadstyfjLaTL^eiy^ 297* 

naec,;.,.,oi, 459. «. 

llapafvfi'ptoi, 210. 
Paraphernal 401. 
Parasanga, 4ju. 
Hapaffrjfioyy 342. 

Parasemon, 342. 
Parcae, 229, «. 
Parentalia, 421. 
Parentare, 4Jl. 

Tlaprjopoi, 481. 

Parma, 305; vel pelta. 
282. 

Parrhasis Arctos, 479. 

Parricidae, 163, 221. 

Parricidium, 274. 

Pars antica et poslica, 
dextra, 242, «.; fami- 
liaris, hoslilis vel ini- 
niica, 261 ; poslica si- 
nistra, 242. 

Partiarius, 461. 

Pascuum, 462. 

Passus, 435, 436. 

Pastinum, 471. 

Pastinatus ager, 471. 

Pastores, 461. 

Patella, 374, ii. 

Patellarii dii, 381. 

Pater patratus, 249 ; 
patriae, 141 : patriuius, 
400. 

Patera, 264, 363, n. 

Paterae, 394. 

Palibulum, 149. 

Patina, 374, n. 

Patres, 2, 8, 9, 11,12; 

conscripti, ib. ; majo- 

ruin gentium et mino- 
rum gentium, 2, 26. 

Patria communis, ger- 
mana, 38. 
Patricia luna, 359. 
Palricii, 2; majorum 

gentium, ib. 
Patrima virgo, 400. 
Patrimi et matriuii, 400. 
Palrius, 25. 
Patroni, 212, 218. 
Patronus, 207, ". 
Pauper clavus, 356. 
Pauoarius, 347. 
Pavimenta sectilia,457; 

tessellaia, 455. 
Pavo, 384. 
Paxillus, 342, tu 
Pecten, 452. 
Pectines, 384. 
Pectorale, 306. 
Pectunculi, 3!J4. 
Pecuarius, 55, j 



Peculator, 135, i. 

Peculatus- loo, «. 

Peculium, 31, 46; eas- 
trense, 41. 

Pecunia, 131; signai:% 
425, n. ; pccuniam oc- 
cupare, ponere,8cc.434, 

Pecuniosus, 461. 

Pedagogi, 30, 33. 

Pedagogium, 30. 

Pedagogus, 443. 

Pedanei judices, 201. 

Pedarii senatores, 13,1 1. 

Pede presso, 321, n. 

Pedes, 341, n. 344, 373. 

Pedlbusefterre, 412,«. 
ferre sentenliam, 13; 
ire in sententiam, li. 

Pedic«, 219. 

Pegmares, 285. 

Pegmata, 2S5. 

Pellaca, 401. 

Pelles, sub peilibus liie- 
mare, durare, babcii, 
reiiiieri, 313. 

Pellex, 401. 

Penates, 230, 263, 100. 

Pendere, 48, 425. 

Penetralia, 23tl. 

Pentathlum, 278. 

Penteres, 338. 

Penula, 357, 475. 

Penus, 385. 

Peplus, 351. 

Pera, 474. 

Perduellionis judicium, 
70. 

Peregrin!, 39, 64. 

Peremnia, !il0. 

Perlectissinii, 125. 

Perferri, 79. 

Perganiena, 339. 

Peripheria, 480, n. 

Peripodium, 351. 

Periscelides, 358. 

Peripetasraaw Attalica, 

373. 

Peristylium, 279, 383. 

Perones, 359. 
Perorare, 11, n.; justa 

oratione, 202, ji. 
Perpetuus AugusUis,l43 
Perrogari, 9. 
Perscribere, 434. 
Perscriplio, 434. 
Persona, 291, ii. 
Pertica, 435. 
Perticae, 345, n. 
Pertunda, 405. 
Pervigil, 422. 
Pes, 435. 
Pessuli, 450. 
Petasalus, 360. 
Petasus, 226, 360. 
Petauristie, 296, «. 
Petaurum, 296. 
Petere et repetere 

niulctani.211 ; punclim 

et caesim, 286, 305. 
Petitio haereditatis, 191, 
Petitor, 185, n. 189, n. 
Petorrltum, 478. 
Pexa, 351. 
Ph«casia, 358, 
Phate, 276. 
Pnalerae, 324. 
Pharos, 348. 
Phaseii, 340. 
Phaselus, 467. 
Phasiana, S8i. 
Pbialx, Jl'4. 



LATIN INDEX. 



517 



Pl.ilyras, 438. 

Plunius, 397. 
Phrenetici, 245. 

Piacuium, :i63, n. 

Picus, 2"ili, n. 

Pignus sponsionis, 190; 

pigiioie contendere et 

Sacramento, ib. 
Pila, 307 ; paganica, tri- 

gonalis, trigon, ii75 ; 

velox, ib. 
Pilani revocare caden- 

tern, 376. 
Pilani, 304, 317. 
Pildtum agmen, 315. 
Pileati, 360, 41 1. n. 
Pilei, 235, «. 
Pilentuui, 477. 
Pilos evellere, 368, n. 
Pileus,33,n.360, 369,n. 
Pilum, 304. 
Piaacotheca, 454. 
Pinani, 253. 
Pincerna 221, ;j. 
Pincius, 485. 
Pinnae, 331, n. 
Piraticae naves, 3J0. 
Piscarium, 490. 
Piscatoriae naves, 34U. 
Pisces testacei, 384. 
Piscina, 378, m. 459. 
Pistachi*, 384. 
Pistordulciarius,&c.385 
PUtrinum,30, 
Pisum, 467. 
Piltacia, 241, n. 
Placentae, 384. 
Pljcita imiieratorum.QS. 
Plagiarii, 164. 
Plagium, 164. 
PldguU, 356, 438, 475. 
Planipedes, 295. 
Plaudite, 296. 
Plaustrarius, 482. 
PJaustrum, 478, 479. 
Pldusus, 296. 
Plebeii, 2. 
Plebes urbana, 56. 
Plebiscita, 83, 115, 149. 
Pjebiscitum, 142, ;i. 
Piebs, 23, 24, n. 228; 

rusiica el urbana, 23; 

scivit, 84. 
Pleiades, 482. 
Pl'jstellum, 476. 
Ploxemum, 479. 
Ploximum, 478. 
Plun.batus, 219, n. 
Plut«i, 335, ;,. 
Pluviae, 482. 
Pocillator, 221, n. 
Pocula,364; Murrinajib. 
Podium, 283. 
no.«.X,, 491, «. 
PoKnain petere et repe- 

tere, 211. 
Pcenae mill tares, 328. 
n-X.o., 425. 
Poll, 480. 

Polintor vel politor,461. 
Pollen trilici,406. 
Pollex, 435. 
Pollice trunci, 301. 
Poilicem premereetver- 

Pollices, 4S6. 
Pollinctores. 409. 
Pnllucere, 409. 
Polluctuni, %/J. 



Pollucibiliter coenare, 
259. 

Polymita, 453. 

Poma, 384. 

Ponialum, 362. 

Pomeridianum tempus, 
369. 

Punioerium, 62 ; pro- 
ferre, 4S6. 

Pondo, 430. 

Pons V. ponticulus, 77 ; 
Sublicius, 497-, N ar- 
sis, Narniensis, 498, 
?i.; veteris Brivatis, 
499; Fabricius, Oes- 
tius, senatorius, Jani- 
culi, triuniphalis, JE- 
lius, IMilvius 498. 

Pontes, 345. 

Pontitex maximus, 70, 
102, 154,164,235—2^7, 
416, 424. 

Pontifices, 102,234,248; 
majores et minures, 
234. 

Pontificiale carmen, 235. 

Popae, 257, 260. 

Poppjeannm, 362. 

Populares, 25. 

Popularia, 2s3. 

Popuiiscita, 149, n. 

Populus, 129, «.; jus- 

Porca, 464. 

Poiculeta, 473. 

Porcus Trojanus, 384. 

Porta, 62, 449; Ago- 
nensis, Carmentalis, 
Capena, 485 ; cceli, 
480 ; Collina, 7, 485 ; 
Decumaiia, 312 ; Esqui- 
lina, 7, 485 ; extraor- 
dinaria, 312; B'laminia, 
Naevia, 485, praetoria, 
principalis dextra et si- 
nistra, Quaestoria, 312 ; 
Quirinalis,Salatia,sce- 
lerata, 485; triumpha- 
lis, 326, 485; Vimi- 
nalis, 485. 

Portenta, 240. 

Porthmeus, 410. 

Poiticus, 376, 391. 

Porliscuius, 347. 

Portitor, 333, „. 410. 

Portitores, 54. 

Portitorium, 54, 60, n. 
173, 7», 233. 

Porlus, 348. 

Posca, 330. 

Positi artus, 409. 

Possessione exclusus 
veldejectus,189,«.190. 

Possessiones, 45. 

Posteriores, 21. 

P..sticuni, 451. 

I'ostliminium, 57. 

Postscenium, 298,299. 

Posisignani, 32U. 

Postulare aliquem de 
crimine, 2U. 

Postulalio actionis,211. 

Postulationibus vacare, 
185, r,. 211. 

Posialationura libellus, 
211. 

Postulatitii, 282. 

Potestas, 66, «. 88, 134, 
n. 137; in populo, 17,". 

Poiitii, 253. 

Prsecpptor, 443. 

2 



Pra:ceptio, 52. 

Praicidanea agna, 409. 

PriEcinctio, 298, u. 

Praxiinclus, 355. 

Prtecipere, 52. 

Pra;cones, 146, 147 ; ac- 
tiunum,iS7. 

Pra;datori<E naves, 340. 

PrajJes, 55, H. 15l,n.206. 

Pra;dia, 45, 46 ; censui 
censendo, 53; libera et 
serva, Optimo jure vel 
optima conditioi.e, 45; 
publico obligata vel 
pignori opposita, 151; 
urbana, 45. 

Praediator, 15!. 

Prasdicare, 147, «• 

Praifecti, 137, 309; lati- 
clavii, 356. 

Prajfecturai, 63. 

Praefectus alas, 308; an- 
nonffi vel rpi frumenta- 
riiE, 124 ; aquarum 495; 
Augustalis, 13S ; cas- 
trorum, 313 ; celerum, 
90; classis, militari.s 
asrarii, 124; morum vel 
inoribus,110 ; praetorio, 
105,123 ;urbi velurbls, 
122, n. ; vigilum, 124, 
125. 

Prffifica, 419. 

Praaficae, 413. 

Praefurniuin, 379, n, 

Praejudicia, 199. 

Prajludere, 286, n. 

Praemia militaria, 323, 
3-'4. 

Prtenomen, 26, 32. 

PrJEpetes, 74. 

Pr3epiisituscubicul(i,455. 

Prierogativa centuria, 
76; long:e possessio- 
nis, 47; tribus, 76. 

Praesciiptio longai pos- 
sessionis, 47. 

Praeses, 60. 

Praesides, 137. 

Piacsidia, 317. 

Praestatio ceria, 197, n. 

Praestigialores, 119, n. 
489. 

Pi ifisul, 252, 

Pjffitextae vel pra:texta- 
fa; '^omoeaia;, 290. 

Praetextata verba et 
amicitia, 353. 

Praetpxtati mores, 353. 

Praetor, 63, 100,101,103, 
199; honoratus, major, 
100; maximus, 100, 
125 ; peregrinu^;, 100, 
102,104, 185, :^08; ur- 
banus, 70, 100—102, 
104,151, 185,208. 

Praetores, 88, 91. 

Praetoriani milites, 485. 

Praetorianorum castra, 
485. 

Praetorii, 9, 99. 

Praitorium ,312—314,320 

Praevaricari, 218, 465. 

Praevaricatio, 218. 

Pragmatici, 187. 

Prandium, 369; cani- 
num, abstemium, 370. 

Pransus paratns, 370. 

Prata, 467 ; sicilire, 468. 

Prehensionem habere, 

lis. 



s, 305. 



Prelum, 3SS. 

PrensHre, 72, i 

Piiniani mi iie 

Primitiaj, 2b8. 

Primus, 372; pilus, pri- 
mipilus, princeps, lias- 
tatus, 3(!8; equestria 
ordinis, 22; judicum, 
208; juventutis, 22; 
primus seoundiis, 308 ; 
saciatissimus, 142 ; se- 
natus, 3, 9, 140; vel 
auctor seiitenlioj, 13. 

Princeps, 3, 25. 

Principutus, 3. 

Principes, 304, 306,312, 
817, 318, 321. 

Principia, 311. 

Principium, 66. 

Pristis, 342. 

Privati, 63. 

Privi.egio, 20, 182. 

Privilegium, 150 ; Aa- 
gustum, 20. 

Proceres, 25. 

Processus consularia, 95. 

Procestria, 313. 

Procestrium, 455. 

Procinctus, 49, 321. 

Proclamator. 202. 

Procoetum, 455. 

Proconsul, 132. 

Proconsules, 137. 

Procuratio, 138. 

Procurator, 194, 462; 
CjEsaris, 138 ; peni,o65. 

Procuraloies, 200, ".; 
insularum, 46. 

Prodictator, 126. 

Prodi gia, 240. 

Proletarii, 69, 82. 

Proniissor, 192. 

Proniittere, 73, n. 368, n, 

Prumulsidarium, 383, 

Promulsis, 383. 

Promus condus, 3S5. 

Proiuibae, 405. 

Pronubi, 240. 

Pronunciare sententiam 
primam, 12, n. ; negare 
se pronunci.ituruui, iu. 

Propagines, 470. 

Propigneuni, 379, n. 

Propino tibi, 397. 

Propraetor, 132, 137. 

Propugnacula, 344. 

ProquEfislor, 120, 132, 

Prora 341, n. 342. 

Proreta, 347 

Prorsi, 473. 

Proscenium, 298, 299. 

Proscindi, 465. 

Proscribere domuui vel 
funduni,48. 

Proscripiionis tabulae, 
162, n. 

Prosecare exta, 261. 

Prosecta, Prosiciae, '261. 

Prostilutai, 401. 

Protopraxia, 52, n. 

Protropum, 388. 

Provincia, 95. 

Provincise consularei. 
96; iniperatoriae vel 
Cassarum, 137, ». ; prae- 
toriffi, 96 ; prnconsu- 
lares,propraetoriae, 136; 
provincias soriire, 133. 

Provocatio, 204. 

Proxenetae, 240. 

Prunse batiUus, 144, n. 



518 



LATIN INDKX. 



Pspphisraa, 63. 
I'seudothyruni, 451. 
Psilothrum, 368. 
•fo^ecv ivfav, 450. 
Pterati caiices, S96. 
rublicani, 22, n. 53, 55. 
I'ugilatus, 277, n. 
I'ugillares vel -ia, 442, 

144. 

I'ulla toga, 352. 
Pullarius, 74, ;i41, n. 
rullatl, 35i, 369, n. 414. 
PuUutus circulus, 352, /;, 
I'ulmentaria unnla, 370. 
Pulmentarium, pulmen- 

tum, 370. 
Pulpitum, 298, 299. 
Puis, 370, n. 
PiilviUus, 283, n. 
Pulvinar, 478. 
Pulvini vel -illi, 373, n. 
Pumice polire vel lievi- 

(;are, 446, n. 
Punctim, 286, «. ; pe- 

tere, 305, ri. 
Punctum omne ferre, 73. 
Pupae, 406. 
Pupilli, 53, H. 
Puppis, 341, n, 312,314. 
Purpura, 365. 
Purpuieus, 365. 
Purpurissum minium, 

362. 
Pustulatum argeiitum, 

428. 
Puteal-Libonis vel Scri- 

bonianum, 201. 
Puticu-lae, 416. 
Pyra, 417. 
Pyrgus, 397. 
Pyrriche, 252, 

Q 

Quadra vivere a'.ieiia, 
374; findetur, ib. 

Quadree, 374. 

yuadrans, 375, 378, n. 
396, 424, 427, 

Ouadrantal, 436. 

Quadranlaria, 375. 

yuadrantes, 379, n. 426. 

Cuadrigae, 427,476,477. 

Ouadrigarii, 477. 

<Juadrigati, 427. 

yuadrijugi v. -ges, 476. 

tJuadriremes, 333. 

Ouadrirotium, 47-7. 

CJuadruplatores,2iO ; be- 
iieficioruin suorum,211, 

Ouadrupli damna.ri,210. 

Ouadruplicatio, 194. 

Ouaesitores, 205, 208, n.\ 
parricidii, 104. 

Ouiestio, 185 ; perpetua, 
160. 

Qnaestiones, 213', per- 
petuae, 105, 205, 208; 
de false, de „rimiiie 
falsi, de sicariis et ve- 
ne6cis, de parricidiis, 
105. 

Quaestor, 303. 

Quaestotes, 119; candi- 
dal!, 121 ; militares, 
119: palatii, 121; par- 
ricidii,205; provincia- 
les, uibani, 119. 

Quaestorii, 9, 99. 

Quaestorium, 311, 312; 
(oruni, 120. 

Quartani milites, 305. 



Quartarii, 43G, 
Uuaternio, 397. 
Q uatuor viri viales , 122. 
yuatuordecim, sedere 

in, 21. 
Quercus civilis, 322, 
Uuerquetulanus, 484, 
Ouinarius, 427, 430. 
Quincunx, 331, 425, 471. 
Quindecemviri, 24S ; sa- 

cris faciundis, 24b, 
Quinqnatrus, 271- 
Quinqueremes, 338. 
Quinquertiuin, 277, 
Ouinqueviri, 131. 
QuinUna, 312. 
Ouintani milites, 305. 
Ouintilis, 205. 
Quirinalia, 270. 
Quirinalis flaincn, 250 ; 

mons, 484; porta, 4b5, 
Quirinus. 232. 
Quii-itare, 39. 
Quiritarius doininus,49. 
Uuirites, 320. 
R 

Rabula, 202. 
Racemus, 472. 
Radere novacula,368,n. 
Radii, 480, n, 
Radius, 452. 
Ralla, 463. 

Ramentasulpliurata,395 
Rami, 470, n. 
R.imnenses, 21 ; prirai, 

seuundi.vel posleriores, 

81, n.; posteriores, 21. 
Rapina, 195, n. 
Rapum, 467. 
Rustrum, 463. 
Rates, 337. 
Ratio accept;, mensae, 

&c., 434. 
Rationalis, 138. 
Ratiocinalores vel a 

rationibus, 446. 
Ratiti nummi, 427. 
Recensum populi agere, 

110, n. 
Receptui canere, 321. 
Receptus, 155. 
Recognoscere, 22. 
Rector, 346, 464, ». 
Rectus cadere vel assis- 

tere, 398. 
Recuperatores, 135, n. 

197, 198, 199. 
Redemptores, 108, 191. 
Referendam censere de 

aliqua re, 10. 
Referre ad senatum, 9; 

acceptum, expensum, 

434; iiiler xrarios vel 

caerites, 107. 
Refractarii, 301, n. 
Refragari, 72, 74. 
Rehigium, 2tJ4. 
Regia,250 ; superbia,90. 
Regiffi, 103. 
Regie facere, 90. 
Regitugium, 94, 270. 
Regii spirJtus, 90. . 
Regilla, ^56. 
Regina, 250. 
Regiones urbis, 448, n, 
Regnum judiciale, 155; 

R'»j(ctio civitatls, 57. 
Rclationem accipere,12, 
egredi vel postul.);e,10. 



Relegatio, 57, 220. 

Religiosae res, 43, «. 

Relinere dolium, 36d. 

Reniancipatio, 407. 

Remi, 342. 

Reniiges, 342, n. 345, n. 

Remigio veli que. 3i4. 

Renas incumljere,346,n. 

Remonius, 484. 

Rerapublicam ordinare, 
140, n. 

Renodare, 367. 

Renunciare, 78, 79. 

Renunciatlo, 40S, 

Repagula, 275, 450. 

Repandi calcei, 359. 

Repastinari, 471. 

Repetundae, 135, n, 

Replicatio, 194. 

Repositoria, 385. 

Repotia, 406. 

Repromissor, 192, 

Repudiare, 403, 

Repudium, 403. 

Res communes, corpo- 
rules et incorporales, 
44; esse in vadimo- 
nium coepit, 187 ; man- 
cipi vel nee mancipi, 
44,46; nuUius, priva- 
tse, 44, n. ; profanae, 
43, n. ; publicae, quae 
inteUiguntur.quaesunt, 
universitatis, 44, 

Rescripta, 20, 1U2. 

Reserare, 450. 

Resignare, 50, n. 

Respersio Bumptuosa, 
417. 

Responsa pmicntum 
vel juris consultorutn, 
183. 

Responsio congrua, 192. 

Respublica optima, 19. 

Restibilis ager, 465. 

Restipulari,.190, n. 191. 

Restipulatio,192,n. 193. 

Rete, 282, u. 

Retiarli, 282. 

Reticulum auratum,362. 

Retinaciila, 345. 

Reum facere, 211. 

Reus, 73, n. 185, «.; 
promittendi et stipu- 
landi, 192,.n. 

Revocare inservitutera, 
35. 

Rex, 90, 139, 141,253; 
convivii, 397; sacro- 
rum, 70, 236, 239. 

Rheda, 478. 

Rhedarius, 478, 482. 

Rhinoceros, 380, 

Rliombus, 384, 

Rica, 352. 

Rioinium, 852. 

Robigalia, 271. 

Robur, 219, 220. 

Rogare, 77 , magistra- 
tus, quaesitores, 76. 

Rogari, 79. 

Rogalio, 192, 206, n, 

Rogatores, 78. 

Rogus, 417 ; plebeius,ib, 

Romania, 6-1 

Rorarii, .305. 

Rostra, 65, 101, 414, 492. 

Rostrum, 341, n.344,r(. 

Rota aquaria, 480, 

Rot£, 479. 

Rubra; leges, 183. 



Rubrica, 1S3, 3i'.2; ve., ^ 

tavit, 183. ,b I 

Rude donati, 266, n^ 1 1 . 1 

Rudentes,343. , 1 

Rudiarii, 287, ] 

Rudibusbatuere,281,n j 

Rudis, 2S6, h. \ 

Rulla, 463, I 

Runcatio, 466. ( 

Ruta cxsa, 44. i 
Rustic i, 350. 

Rutili vel Rufuli, 159, i 



Saburra, 345. 

Saccus, 388; nivatius, 

39S. 

Sacellum, 258. 
Sacer, 113, n.; mons.lM 
Sacerdotes, 257 ; sum. 

moruui coUeg>orum,24S 
Sacra, 66, 
Sacrae res, 43, n, 
Sacraraenta, 302, 
Sacramento adacti,30l ,b 
Sacramentum, 190, 191 ; 

dicere, 302, 
Sacraria, 258, n. 
Sacratissimus pruicops, 

142, 
Sacrificia stata, soleni- 

nia, fortuita, et piacu- 

laria, 262, n. 
Sacri6cium lustrale, 69. 
Sacrorum rex, 250. 
Sacrosanct!, 118,n.lll,». 
Sacrum novendiale,273; 

silentium, 146. 
Sagina gladiaioria, 2'i\. 
Sagittiirii, 304. 
Sagma, 474. 
Sagmina vel lierbae pu- 

rJE, 2-49, n. 
Saguni, 310. 
Sal, 382 ; nigcr, ib. 
Salarium, 257, n. 382, 
Sales, 382; intra pomoe- 

ria natt, ib, ; urbaiii, 

amari, ib, 

Saliare carmen, 251. 
Saliares dapes,25_'. 
Saliarius saltus, Sol, ;i, 
Salices, 467. 
Salictum udum, 467. 
Salii, 251,252,271; A- 

gonales, CoUiiii, ct Pa- 
latini, 252. 

Salinum paternum, 382. 
Salitio, 315, n, 
Salix, 470. 
Salsus, 382. 
Saltus, 277, n. ; fulloni- 

us, saliari8,251. 
Salutare, 387, n, 
Salutatores, 164. 
Salutem mittere, 445. 
Salve xternum, 419. 
Sa.».-.ite8, 282. 
Sanctae res, 43, n. 
Sandapila, 412. 
Sandapilones, 412. 
Sanguinera mitlere,329. 
Sapa, 391. 

Sarcinariajumentu,316. 
Sarcophagus, 419. 
Sarcula, 462. 
Sarculatio, 466. 
Sarculum, 463. 
Sarracum, 47S. 
Sarrltio, 466. 
SaU, 466. 



LATIN INDEX. 



519 



Satio, 466. 
Satisdare, 190. 
tjatoria, 466. 
Satiira lanx, 2SS ■, lex, 
177 ; ferre per saturam, 
159', exquirere senteu- 
tias et obrogare per 
saturam, 79. 
Saturnalia, 273, 352. 
Sativrnius mons, 484. 
Satyrae vel saturse, 2S8. 
Scabella, 295. 
Scala;, 31, n. 283, 315. 
Scalaria, 283. 
Scalraus, 3J2, 343. 
Scamna, 465. 
jcandulae, 448. 
Scaphae, 337. 
Scaphia, 394. 
Scapus, 491, 439. 
Scarificatio, 466. 
Scaurus, 384. 
Scena, 288, 298 : ducti- 

lis et versatilis, 298. 
Scenarum jnstrumen- 

tum, 294, n. 
Scenici artifices, 2S8. 
Scheda, 438. 
Schcenobatee, 296, n, 
Schoenus, 436. 
Sciaterica, 272. 
Scipio eburneus, 91, a, 
Scirpea, 478. 
Scissor, 385. 
Scorpiones, 332. 
Scortea, 357. 
Scribae, 33, 104, 146. 
Scribere, 186, 301. 
Scriblitae, 385. 
ScriniuiD, 443, 447, n. 
Scripta duodecira, 393. 
Scriptuarius, 55. 
Scriptulum, 425. 
Scriptum facere, 146. 
fieri ptura, 55, 54. 
tjcripulum, 425. 
Scrobes, 331, n. 
Scrupulus, 4'd5. 
Sculponea; soleae, 359. 
Scurrse, 413. 
Scutica, 481. 
Scutula, 471. 
Scutulje, 347. 
Scutum, 306. 
Scylla, 312. 
Scyphi, 3S4. 
Secespitae, 264. 
Sectatores, 164. 
Sectio, 40. 
Sectores, 40. 
Secundani, 305. 
Secundus princeps, 308. 
Secures, 90 .91,92,93,2M. 
Securi percuti, 329, n. 
Securim tascibus adi- 
mere, 92, n. 
Securis, 148, 464. 
Secutorps, 282. 
Sedere, 201 ; in quatuor- 
dccim vel in equestri- 
bus, 21. 
Sedilia, 342, n. 
.Seges,465 •, gloriae, &c., 
ib. 
Se^estre, 373. 
Segetes, 466. 
Sesmentum, 361. 
Selecti, 309. 
Sella, 474; curulis, S9, 
90, 91, 103, 118, 250, 
4/7 ; gestatoria, porta- 



toria, fertoiia, mulie- 
bris, 470. 

Sellse, privatae, familia- 
rica;, publicaj, 476. 

Sembella, 427. 

Sementiv^, 273. 

Semestre aurum, SOS. 

Seminarium, 465 : sena- 
tes, 3. 

Semis, 423. 

Semisextula, 425. 

Semisses, 426. 

Semita, semitare, 473. 

Semones, 232, 233. 

Semuiicia, 53, 425. 

liemunciales, 427. 

Senacula, 7_, n. 490. 

Senator primse senten- 
tiffi, 10. 

Senatores pedarii, 14 ; 

Senatorium album, 6, n. 

Senatum consulere, 12; 
numera, 8. dare, 7» n, 

Senatus, 2; auctoritas, 
10, 14; censuit v. de- 
crevit, 17, n.; consul- 
ta, 182, n.; consulti 
forma ultim^e necessi- 
tatis, 18; consultuin, 
10, 11, 13, 14; decre- 
tum, 10, 14 ; edictus, 
7 ; frequens, 8, n; in- 
dictus, legitimus, 7 ; 
seminarium, ii 

Senio, 397. 

Sententia consularis vel 
prsetoria, 99; maxime 
frequens, 14. 

Sententia; princeps vel 
auctor, 13, n.; vel in 
sententiam addere, 12. 

Sententiam exquirere 
per saturam, 79 ; pedi- 
bus ferre, 13; primara 
pronunciare, 12, n. ; 
qui senatui praistitis- 
set, 13, n. ; suam re- 
tractare, 205, n. ; ire 
pedibus in sententiam 
alicujus, 12. 

Sentina, 342. 

Sepelire, 411. 

Sepes, 468. 

Sepia, 440. 

Sepimenta, 468. 

Septa, 468, n. ; marmo- 
rea, 84, n. 

Septemgemina, 483. 

Septemtrioues, 479. 

Septemviri epulones, 
262; epulonum, 248. 

Septentrio, 480. 

Septicollis, 483. 

Septimante, 267, n. 

Septimontium, 483. 

Septum, 77. 

Septunx, 425. 

Sepulchra, 422, n. ; prl- 
va vel singularia, com- 
Diunia, familiaria, has- 
reditaria, 423. 
Sepulchrum, 411, 416, 
419; famiiiarevel gen- 
tile, 416. 
Sepullura, 411. 
Sequestres, "2. 
Seras, 450; seram po- 
nere, ib. 

Serica vcstis, 364. 
Sej-ra, o33. 



Serta, 362, n. 381, n. 
Servare de coelo, 75. 
Servi, 28, .32, ». 313; 

novicii, 29 ; pcenaa, 29, n 
Servile probrum, 195. 
Servilis Iiabitus, 369. 
Servitus 220. 
Servitutes, 45; cloacae, 

non altius tollendi, 46 ; 

oneris ferendi, 45 ; 

stillicidii et fiuminis, 

46; tigni immittendi, 

45. 
Servos recepticius vel 

dotalis, 401. 
Sesamum, 467. 
Sesquipes, 436. 
Sestertia, 5, 429. 
Sestertii, 5, 40, 42,«.429. 
Sestertium, 149, 430. 
Sestertius, 427, 430. 
Sexagenarii, 77, 138. 
Sexians, 396, 424, 
Sextantes, 426. 
Sextarii, 436, 437. 
Sextarius, 396. 
Sextilis, 142. 
Sextula, o3, 425. 
Sibilus, 296, n. 
Sibylla Cumasa et Ery- 

thrasa, 247. 
Sibyllini libri, 246. 
Sicarii, 105. 
Sicilicum V. -us, 53. 
Sicilicus, 425. 
Sicilimentum, 468. 
Sidusnatalitium,244,rj. 
Sigillaria, 273. 
Siglffi, 154. 
Sigma, 374. 
Signa canere, 320, n.; 

con ferre, convertere, 

eflerre, inferre,&c.318 ; 

sequi, 315, n. 
Signata volumina, 443. 
Signiferi, 308. 
Signis infostis inferre, 

ire, incedere, 318. 
Signum, 318; dare, 32], 

n. ; nocturnura, 346, n, 
Silentium esse videtur, 

74. 

Slier, 467, 4/0. 
Silete, 146. 
Silicernium, 421. 
Siligo, 466. 
SiliquEe, 467. 
.Simpulum, 264. 
Simulacra soirpea viro- 

rum, 272, n. 
Sindon, 336, 365, 
Sinister, 243. 
Sinus, 350; sinum ef- 

fundere, 350, n.; in 

sinu recumbere, ;'72. 
Siparlum vel -ia, 298. 
Siplio vel -on, 480, 
Si'ste viator, 416. 
Sistere se, 186, n. 
Sitella, 76. 
Siticines, 413. 
Skvv. 288. 
Smegmata. 362, n. 
Soccus, 290, 292, 359, 

Sdcii, 55, «.; navales, 

345. 

Sodales Titit, 250, 251. 

Sodalitates, 252, n, 

Sol, 229. 

Solarium, 455. 

Solduril, H'j, n. 

X 2 



: et lign 



207. 



Solea, 358. 
Soleie ferre; 
359, n. 

Snleatus, 358, n. 
Solemnia, 10, n. 
Solidus nummus, 428. 
Solistimum tripudmrn, 

Soiitaurilia, 69. 
Solum cereale, 37 1 ; 

Italicum, 59. 
Solvere, 403. 
Somnus, 229. 
Sordes, 207, 380. 
Sordidatus, 73, n, 
Sors, 433, 461; comiti 

rum, 112. 
Sortes, 243, 398. 
Sortilegi,244, 245,n.489 
Sortitio fieri, 76, 7^, n. 
Spatha, 452. 
Speciosi, 21. 
Spectabilis, 125. 
SpectHCula, 274, 276, n.; 

cruenta, 287, n. 
Spectare in equite, 21. 
Specula, 457. 
Specular corneum, 457, 
Specularia vitrea, 457. 
Speculatores,315. 
Speculatoria; naves, 340 
Speculum, 361. 
.Speratus, sperata, 403, 
Sphseristerium, 376. 
Spica;, 468. 
Spina, 275. 

Spinther vel -ter, 361. 
Spithama, 436. 
Splendid!, 21. 
Spleniatus, 363. 
Spl.'nium, 363. 
Spolia, 324 ; opima, ib. 
Spoliarium, 235. 
Sponda oiciniana, 412. 
Spondae, 373. 
Spondeo, 403. 
Spondere, 402. 
Sponsa, 403. 
Sponsalia, 403; dissol- 

vere, infirmare vel in- 

fringere, ib. 
Sponsio,190,192,n. 193, 

194,199; sponsioneU- 

cessere, certare, viiice- 

re, rogare, provncare, 

quaeiere, stipuUiri, 191. 
Sponsionem facere, ib, 
Sponsores, 203, n. 
Sponsus, 403. 
Sportuia, 63, 

387, 454. 
Sportulae, 354. 
Squalid), 207. 
Squalor, 207- 
Stabulum, 459. 
Stadia, 489. 
Stadium, 274, 436. 
Stamen, 433, 452, 
Stantes, 296. 
Stapedse vel 6tapl£E,307 

STaSfMOS, 310. 

Statariae naves, 290. 
Stationes, 314, n. 
Statuliberi, 32, n. 
Statumina, 342. 
Stega, 341, >•. 345. 

Stercus, 462, 
Steniuratio, 243, 
Slerquilinia, 4'i2 
Stibadiuuj, 374, ' 



202, 



M,-;. 



o20 



LATIN" INDEX. 



StigmatiaB, 30. 
:Stillicidium. 46. 
Stimuli, 332; in stimu- 

los calcitriire, 481, n. 
Stimulus, 41)4, 48). 
Stipendia legitiina fci- 

cere vel mereri, 330, n. 
Stipendiarii, 60. 
Stipeodium, 3-29, h. 4!i5 ; 

duplex, 32j, n. 
Stipeiidio privari,323,H. 
Stipes, 470, n. 
Slips, 426. 

Stipula, 189,462,467,469 
Stipuiatio, 1;j2, 103. 
Stipulator, 19J. 
Siirps, 470, n. 
Stiva, 4b3. 
2Toa, 491 ; cToai rpiart- 

yai, 2/5. 
Sola, 222,71. 292, >!. 351, 

352, 362. 

Stulatus pudor, 3o2. 
Stolones, 470. 
Stragula veslis, 412,373. 
Stragulum textile, 373. 
Stramen, 46S?. 
Stramentura, 469. 
Strata, 307, 482, 496. 
Stratum, 474. n. 
Streiia, 49, 426. 
Strepitus, 296, n. 
glrigae, 313. 
Strigare, 464. 
Strigiles,379 n. 380. 
Strigmenta, 380. 
Strophia, 296. 
Strophium, 364. 
Stroppi, 343. 
Structor, 385. 
Struppi, 296, 343. 
Studia liberalia vel hu- 
man. talis, lol, n. 160, 

n.; a studiis, 416. 
Stylobaies, 491. 
Stylus, 440, 442, stylum 

vertere, 440. 
Suarium, 490. 
Suasor legis, 73. 
Subbasilicarii, 492. 
Subdititii glaUiatores, 

282. 

Subigus, 405. 
Subitarii milites, 302. 
Subjugalia lora, 481. 
Subligaculum, 'J6o, n, 

293, H. 
Subiigar, 278, n. 293, n. 
Submittere, 368, n. 
Suboniati testes, 211. 
Subrogari, 79. 
Subrostrani, 492. 
Subscribcre judicium, 

210. 
Subscriptio, 445; censo- 

ria, 107. 

Subscriptores, 210. 
Subsellia, 9, 34, h. 103, 

104, 112. 
Subsericum, 364, n. 
Subsidia, 321. 
Subrignani, 320, 330. 
Subsoitiri jiidicein, 212. 
Subsortitio, 181, n. 
Subtemen,452,453,433. 
Sublexere, 454. 
Subucula, 356. 
Suburbana, 81. 
Succenluriones, 308. 
Succida, 452. 
Succidia altera, 459. 



Succina, 395. 
Succinctus, 355. 
Succolare, 475. 
Sudarium, 358. 
Sudatoria, 379. 
Slides, 312, n. 3-15, n. 
Suffibulura, 25o. 
Suftimenta, 3i6, «. 
Suffitio, 420. 
Suffragium, 77 ; aper- 

tum, 85, n.; inire vel 

ire et mittere in, 76, 
Suftragatio, 72. 
Sutfrutices, 470. 
Suggeslus vel .um, 283, 

n. ; comae, 361. 
Suggrundarium, 211. 
Suile, 459. 
Sulci aquarii, 463. 
Sulcus, 464; dodranta- 

lis. ib. 
Sumniolor aditus, 148. 
Summus, 372. 
Suovrtaurilia, 69. 
Siipernuiiieiarii, 148. 
Suppaia velorum, 314. 
Supparum, 35i>. 
Supjjlicalio, 2.=,y, n.260, 

322, n. 

Supplicium, 259, n. 322. 
Supponere, 262, ». 
Suppositiliigladiatores, 

282. 

Surculus, 471. 
Symbolum,314;dare,366 
Syngrapha, 193, h. 443. 
Syngraplix, 215, n. 
.Syiithesina, 352, n. 
Synthesis, 352, 381. 
Syrma, 292, ». 

T 

Tabella absolutoria,516. 
'J'^bellie legitiina;, 403, n. 
Tabellaria:, 341. 
Tubellarius, 442, 445. 
Taberiia libraria, 446; 

viiiaria, 387, «. 
Tabernacula detendere, 

315, n. 
Tabernaculum, 73, 242 ; 

capere, 73. 
Taberiiae, 497: veteres, 

490. 

Tabernariae, 290. 
Tablinum, 451. 
Tabula, 47, 48, 50 ; pro- 

mulgationis, 267, n. ; 

voliva, 259, n. 
Tabulte, 213, 215; ac- 

cepti et experisi, 215, 

n. ; novae, 40 ; vel la- 
bel lae, 78, «. 
Tabulam proscribere, 47 
Tabut-urium, 15. 
Tabulata, 472. 
Tacete, 146. 
Taciturn, 14. 
Tseda, 404. 
Taeniae, 381, n. 481. 
Talares, 355, n. 
Talaria, 226. 
Taleae, 332. 
Talentum, 425. 429. 
Tali, 243, n. 397. 
Talio, 196, n. 219. 
Tarpeius mens, 484. 
Tatienses, 20, 81 , pos- 

teriores, 21. 
Taurea, .'iei, n. 
Taurus, 482. 



Tecta, 456. 

Tegulae, 456. 

Tela, 306, n. 

Temo, 463, 479. 

Tern pla, 258. 

Teinplum,242 ; v.ar.\,73 

Tenebrx primae, 269. 

Tentoria, 313, 

Tepidarium, 378, n. 3S0. 

Terminalia, 2/0. 

Ternio, 397. 

'I'ero, 469. 

Tertiadecimani, 305. 

Tertiani milites, 305. 

Tertiari, 465. 

Teruncius, 426, 427. 

Tessella, 471. 

Tessera, 314, 321 ; hos- 
pitalilatis, 383; tesse. 
ram cont'ring-ie, ib. 

Tessera, 243. 3b?, 398. 

Tesserarius. 314. 

Testabilis esse, 166, ». 

i'esiiB, 883, 394; vel 
testula, 216,217. 

Testamentarius, 50. 

Tesiamentum, 33 ; fa- 
cere in procinctu, 49 ; 
inofficiosum, 51 ; re. 
signare, mutare vel re- 
cognoscere, 50. 

Testarum suttragia, 217. 

Testes, 213,214 ; adhibe- 
re, cilare,colligere, da- 
re, edere, prorfuceie, 
proferre, subornare,214 

lestimonium denuii- 
ciare, d;cere, preebere, 
Ac. 214. 

Testis, 198. 

Testudo, 331, 334, 333, 
311, M. 455. 

Tetradrachma, 429. 

Texere, 454. 

Textores, 452. 

Textrices, 452. 

Texlriiia, 452. 

Thalamegi, 342. 

Thalaniitae, 339. 

Thulanioi, 341, n. 

'I'balanius, 405. 

Thulassio, 405. 

Theatrum, 296. 

1 heca calamaria, 442. 

Tliensa, 478 ; thensain 
ducere v. deducere, ib. 

Theriotrophiuni, 469. 

Thern.x, 377, 378, n. 
379, 448, n. 

Tliermopolia, 393, n. 

Tholus, 456. 

Thorax, 306. 

Ihranitae, 339. 

TliraniUi, 341, n. 

Op.a^^Of, 325 

e,>o™, 371, n. 

Ttiuribulum, 264. 

Thyades, 229. 

Thyrsus, 229. 

Tibia, 295, n. 

Tibiae Berecynthiae,253 ; 
dextrae et sinistra, 
pares et impares, 294. 

Tibialia, 357. 

Tibicines, 257, 413. 

Tingere, 452, n. 

Tinlinnabula, 451. 

Tintinnabuluni, 125. 

Tirocinium, 354. 

Tirones, 281. n. 354. 

T.tuius, 28, u. 48, i■^:s. I 



Toga, 61, 62. 310, 350. 
352 ; alba, 72, n. 207, 
ri., atra, h52, 207 ; Can- 
dida, 72, n. 352 ; libera, 
353; palmaia, 22. 93, 
353; picta, 93, 326, n. 
353, 356 ; praetexta, 98, 
91, 103, 112, 118, 217, 
238, ». 248, 250—253 ; 
puUa. 207, fi. 352; pu- 
ra. ^53 : trabea, 22; vi- 
rilis, 271,353, 354,367. 

Togam mutare, 353, n, 

To^ata, 38, 350. 

Togaiae, 290, 352. 

Tollere fihum et non 
to. We, 41. 

Tomajiilnm, 384. 

Tomeiitum, circense, 
I-ingimicum vel Leu- 
co.iicum. 373. 

Tondere forfice, 368, n. 

Tonsae, 342. 

Tonsores, 368. 

Tonstriccs, 368. 

Tonstrina:, 368. 

Tuaiariam t'acere, 460. 

Topiarii, 460. 

Toral, 373. 

'lorale linteum, 373, 

Torcular, 388. 

Torculum, 388. 

Toreumata, 395. 

Tori, 412. 

Toimeiita, 332, n. 

Torques aureae, 



321; 



Torquis, 363, n. 
Tortiles, 396. 
Torus et -al, 371, .rs. 
Trabea, 90, 241, n. 251 
Trabeatae, 290. 
Trabs, 344. 
Traga, 476. 
Tranoedia, 290. 
Traha vel -ea, 468, 476. 
Trahere, 452, n. 
Tralatitia edicta, 134. 
Trania, 453; figurai, ib. 
Transire in aliaumuia,i2 



Traiislatitia edicta, 134. 

Translatilius, 79. 

Transtra, 338, n. 341, 
n. 3 12. 

Transvectio equilum,2 -. 

Transversa regula, 4(>3. 

Trapeziiae, 434. 

Treinissis, 425. 

Tressis, 427. 

Triarii, 304, 306, 308, 
31-', 317,318, 321. 

Tribu niovere, 82, n, 

Tribula, 469. 

Ti ibulus, 469. 

Tribunal. 103. 

Tribunalu3 scmestris, 
3(18. 

Tribuni, 111,114; aera- 
rii, 209, 216, 426; lati- 
clavii, 356; mililum 
consular! putestate, 86, 
131 ; jjlobis. 111. 

Tribuniiia potest ate do- 
nati, 117; tribunitico 
potcstdtis jugum, 113. 
'libuniiii, 9. 

Trilinnus, 1. 11.81, «.; 
Celeruni, 90; cohortis, 
307 ; designatus, 112. 



LATIN INDEX. 



521 



Tribus, S), n. ; ru'^tica;, 

62, «.; urbaofE, Si, n. 
Tribiitarii, bO. 
'J'libutum; 54. 
Tricliniaria Babylonica, 

4o3. 
Tric.inium, 372, 455. 
Trideiis, 2S2. 
'Jiiens. 425, il7, 396. 
'irienies, 426. 
Trierarcni, H6. 
'Jrieleiica, 229, y. 
Trigae. 476. 
'irigon, 1:7:^. 
'Irigo .um, 322. 
Triiix, 453. 
Trinum iiundinum, vel 

trinunJinuru, 71, 267. 
Triones, 479. 
T.ipes,374. 
Triplicdtio, 194. 
Tiipiice acie, 317, n. 
Trjpodes, 264 ; tripodas 

serilire. 247. 
Triijudium solislimum, 

74. 
Tiipus, 247, n. 
Triremes, 338; cerate 

vel aeratje, liisoriaj et 

ciibiculatae, 342. 
Tiistes, 482. 
Trita, 351. 
Triticum, 466. 
Tritonia virgo, 222. 

TiiuDipliaiis porta, 485. 

'J'riumphare, 325. 

Triumplius, 325; nava- 
lis, b27. 

Tiiumviri 131, 139,303, 
'i.\ caphales, 122, WJ ; 
efuiones, 248, n. ; mo- 
netales, 122; noctuini 
vel trepiri, 122; rei- 
publicae coiistituendse, 
87. 

Trochleae, 4S0, n. 

Trochus, 37li. 

Tropaea. 493. 

Tr.piei, 473, 

TrorsEiim, 491. 

T^.^a.o., 4L'3. 

Trudes, 345, ri. 

Truncus, 47U, «. 

Tuba, 314, 315. 

Tubicines, 257. 

Tubilustrium vel -ia, 
271, 272. 

1 uguria, 448. 

T,.^j3os, 417. 

'J'umuUuariiraiUtes,302. 

Tiimultus. 301. 

Tiimuliis, 419 ; honnra- 
rius vel inariis, 4(18 4'23. 

Tunica, 355; Angusti- 
clavia, 21 ; laticlaviu, 
6 ; molesta, 22U ; pal- 
niata, 326, n. 356; pic- 
ta, 251, n.; recU, 356, 
4U3, 452. 

Tunicae manicatx, 355, 
n. ; pallium, 351. 

Tunica! us popellus, 356. 

Turba forensis, 23 ; to- 
gaU, 387. 

T.iibo, 3:6. 

Turma, 309. 

Turmie, 304, 319. 

1 cirres contahulalie, 332. 

Turres mobiles el aui- 
bul.ilyiioe, 333, •<. 



Turrit-E puppes. 3!4. 

rutela,341, n. 342; le- 

gitima, 53. 
Tutelas judicium, 53, n. 
Tutor, 51, 53. 
Tv^^Sos, 417. 
Tymoanum. 4S0. 

U 
Udones, 359. 
'rioo(pn^o(, 245. 
n'na, 435. 
Ultimus, 372. 
Ultrotributa, 103 ; locare 

et conducere, ib. 
Umbilicus, 441, 442; or- 

bis terraruni, 44^;; ad 

umbilicum adducere,ib. 
Umbo, 306. 
Umb ai, 3/3. 
Unarota, 477. 
Uncia, 53, 424, 425, 4:6. 
Unciaies, 427. 
Unciarium ioenus, 433. 
Unciuuia imuiiiere,450. 
Unco trahere. r20, n, 
Unctores, 380. 
Unctuarium, 479. 
Uuguenta, 381, n. 
Unjuentarius, Stil. 
Unguis, 366. 
Ungulus, 366, 
Unijuga, 472. 
Unio, 397. 
Uniones, 363, n. 
Univira, 408. 

'TTraTOL, 91. 

Uragi, 308. 

Urbes, 62. 

Urinatores, 445. 

Urna teraiis, 419. 

Urnaj, 436. 

Ursa major, 479 ; minor, 

ib. 
Usiricube. 358. 
Ustrina, 417. 
Usu lori, 157, n. 
Usucnpio, 159,399. 
Usucaptio vel usucapio, 

47. 

Usufructuarins, 49. 
Usura,433; centesima, 

433; usurae seniisses, 

trientes. qu.idrautes, il- 

lioiliE, illegitimije, &c., 

433. 

Usurpatio 47, 399. 
Usus, 399, 400; aiicto- 

ritatis,47; tructus,49. 
Utensiiia, 316, «.; uu- 

bentis, 404. 
Uti rogas, 78. 
Utres, 388. 
Uva, 4/2 



uva: passic, 
Uxor, 405. 



384. 



Vacantia bona, 64. 
Vacatio militiae, 3Ul, n. , 
Vadari reura 187. i 

Vades, 167, 206; dare 

187. 
Vadimonium concipere, ' 

dare vel differre, dese- , 

rere, sistere vel oDire, 

187. 
Vale, 419. | 

Valere, ZoO. ' 

Valeliiriinarium, 310, »/. 
ViiUi, 312, n. I 

2 X 



Vallum, 311, 313. 

Valvae, 449. 

Vannus, 469, n. 

Vaporarium, 378. 

Vasa, 133; colllgere, 
315, n. 

Vasarium, 133. 

Vates, i52: vel vatici- 
natores, 245. 

Vaticanus moiis, 484. 

Vectabuia, 474, u. 

Vecfes, 450. 

Veciigal, 54, lu 

Vectigales, 60. 

Vectigalia, 173, n. 

Vectores, 483. 

Vectorise naves, 341. 

Veha, 47S. 

Vehes, 479. 

Vehicula, 474, n. 

Vehiculum meritorium, 
433, n. 

Vela vel velaiia, 235, n. 

Vela, 337, 341, n. 343; 
dare, (acere, subdu- 
cere, 344 ; pandere, 3 13 

Velites, 304, 305, 313, 
317, 321. 

Veilum, 439. 

Velum, 344. 

Venales ser\'i, 29. 

Venalilii, 28. 

Venatio, 280. 

A^endere auctionem, et 
sectionem, 43. 

Venditio, 400, n. 

Venire advocationes, 
156, n. 

Venire sub hasta, 47. 

Venti cardinales, 4:3. 

Ventilubrum, 469. 

Veutilanles, 286, «. 

Ventus leitilis, 364. 

Venus, 398. 

Ver, 230 ; sacrum, 258. 

Verba concepta, 11, «. 
186, n, ; et incant.i- 
mentu carminum, 258, 
n. ; tacere, 12, 14; mi- 
vissima, 419; praiiie, 
258, n. 
Verbena, 264. 
Verbeaarius, 250. 
Verbera, 219. 
Vcrbero, 30. 
Verbis imp-'rativis.ol,;! 
Veredarii, 4a7. 
Vergiliae, 482, 
Vernacula lingua, 29. 
Vernaevel vernaculi, 29. 
Versari adsolarium,270 
Versuram facere, 165. 
Versus Fescennini, 288. 
Vertices, 480. 
Vertigo. 33. 
Vervaclum, 465. 
Vesica, 362. 
Vespae, 412. 
Vespcra, 269. 
Vesperna, 369. 
Vespiliones, 412. 
Vestalia, 272. 
Vestem mutare. 207. 
Vestes Cos, 364, 365; 

Plirygioniae, Attalics, 

&c. 453. 
Veslibulum, 419. 
A'estinienla forensia, 

355; syrmatina, 453. 
Ve>tis i.urea, auial.i, 

364; alra, 414, », ; toe- 



cinea /el cocco tincta, 
365 ; coenatoria vel ac- 
cut?itoria, 381, n. ; do- 
mf.'Stica, 355, n.; Gal- 
buna, 365 ; hoioserica, 
'J6i, n. ; Phrygiana, 
365 ; ^ Punicea, Tyria 
vel Sarrana, Sidonia, 
Assyria, Piioenicia,&G. 
ib. ; segmentiita, seri- 
ca vei bombycina,3b4; 
servilis, 369. 

Vestitus forensis, 355, 

Vetaie, 76. 

Veterani, 330. 

Veteralores, 29. 

Veto, 10, 75, 112, 113. 

Vetus et transiatilium, 
50. 

Ve.-^illa, 316, n.; suffer- 
re vel prol'erre, Ml, n. 

Vexiaarji, 308, 319, 320, 
330. 

Vexiliatio, 319. 

VexiUura, 71, n. 319, 
324 ; vel velum pnipu- 
reum, 342, n. 

Via, 45, n. ; Cassia, 
Emilia, &c. 496;prin- 
cipia, 313; quiniaiia, 
311— 313;triumphalis, 

Viae, 313, 495 ; agrariK, 

provinciales, 496 ; mi- 

li tares, consuiares,pi ffi- 

toria;, publita. &c. ib. ; 

trans vers*, 497. 
Viaruni regina, 496. 
Viaticum, 133, n. 
Viator, 6, 112. 
Viatores, 118, 121, 14S. 
Vicarius, 123, «.; ber- 

vi, 31. 
Vicesima, 55. 
Vicesimani uiililes, 305. 
Vicesiroatio, 3:^9. 
Vicessis, 427. 
Vicia, 467. 
Victinia, 260, n. 
Victimarii, 257. 
Victoriati nummi, 427. 
Victcriatus, 430. 
Videtur tecisse, 216, 
Vigilia prima, secunda, 

269, n. 
V.giliae, 314. 
Vigi.iif mutandis, 315,)<. 
Villa, 458,459; truc.ua- 

ria, 459; publica, 70; 

rustica, 459; urbana,ib. 
Vili.-e, 45. 
Villica,villicus,453,461, 

462. 
Viminalis mons, 483, 

'^84; porta, 485. 
Vina hornalugacia390. 
Vinaceus acinus, 472. 
Vinalia, 272. 
Vinarije, 340. 
Vincula, 219, 353. 
Vindemia, 472. 
Vinueiniator, 472. 
V index, 40, 1S8, 189, n. 
Vindicare inliUertatem, 

33, n. 

Vindicatio. 51,188,195. 
Vindices, 203, n. 
Vindicia, 189, dare, ib. 
Vindicta, 33. 
Vine*, 334, 335, 472, 
A'inetflj 472. 



522 



LATIN INDEX. 



Vinetiim restibile, 472. 

Viuitores, 461. 

Vinum album, nigrum, 
rubrum, velus, novum, 
recens, hornnm, &c., 
394; condire, medica- 
ri, coiicinnare, 391; 
doliare, 38S; domini- 
cum, o94; Falernum, 
Massicum, &c., 391, n. 
o9<;;recentatuiii,3yO,'i. 

Viocurl, VZ2,. 

Virga,219,n.226,./.48I. 

Virgae vel -ulae.lTO, h. 

Virgines vestales, -01. 

V'irgineus liquor, 495. 

Viriris c edi, 3^9, n. 

Virgo, 495. 

Virgula, 159, n, 

Virguita, 470. 

Virum des roro vel re- 
iiiiqiiere, \.,'i. 



\'i» civiliset festucarja, 

ltJ9. 
Viscera, 263. 
Visceratio, 262, 421. 
Vite doiiari. 308. 
Vitem poscere et ge- 

rere, 308. 
Vites compescere vel 

castigare, 472. 
Vililia navigia, 337. 
Vitiosi magistratus, 71. 
Vilis, 303, 329, n. ; coin- 

pluviata, 472 ; uniju- 

ga, ib. 
Vitta, 2fin. 
Vitlae, 362, 381, n. 
Vittata sacerdos, 255. 
Vivaria, 280. 
Vivarium, 459. 
Vivere de die, 369. 
Vivicomburmm, 220, n. 
Viviradites, 470. 



Vucare iiitro, 77. 
Vocationem habere 
113. 

Volones, 31. 
Vol.seil-i, 368. 
Volsellie, 363. 
Volturnus, 473. 
Voluii.en, 441, 441. 
Vomer, 463. 
Voiniloria, 283. 
Vomunt ut edant, 3S6. 
Vota facere, suscipere, 

concipere, nuncupare, 

obrignjre, 258, n. ; 

nuricupaie, 95, 13o; 

solvere vel reddere, 

259. 
Voti reus vel veto dam. 

natus, 259. 
Vovere, 258, n. 
ViikaiK.lia. -4:71,272. 
Vulturii, 398. 



Xenia, 49, 399. 
Xystarchus, 279. 
Xysti, 489. 
Xyslici, 279. 
Xyslus, 279. 

Xttpa^opoty 484. 
Zepliyrus, 473. 
Zeta, 455. 
Zeugioi, 339. 
ZeugilE, 3:^9. 
^una, 3^5, n. i' 
i^otlicca, 455. 
iJL.>,oi, 481. 



INDEX 



PROPER NAMES AND THINGS. 



Accuser, in a criminal trial, 
210. 

Acneron,233. 

Actions, real, 188; personal, 
191 ; penal, 195: mixed and 
arbitrary, 197. 

Actoi s, their rank and treatment, 
^89 and n. ; their rewards, 29tj. 

Admiral, of the fleet, 1-^4. 

Adoption of cliildren, 41. 

Advocates, sometimes hired per- 
sons to applaud them while 
speaking, 202. 

/Ediles, plebeian and curule, 118. 

.^;;ypt, prediction concerning, 
138 ; ^Egyptian year, 267. 

iElius Cdtus, why called wise, 
154. 

iEneas, the names of, 232. 

iEolus, god of the winds, 233; 
said to have been the inventor 
of sails, 337. 

^schylus,improves tragedy,291. 

.■Esculapius, worshipped, 2^7. 

Affronts, punished, 196. 

Agiarian laws, true nature of 
them, 505. 

Agriculture, encouraged, 460. 

Agrippa, his advice to Augustus, 
140 ; builds the Pantheon, 
258, 487 ; and the harbour of 
IMisenum, 346; constructs pil- 
lars in the circus, 276 ; and 
several aqueducts, 494. 

Allies, forces of, how raised and 
supported, 303; where posted, 
309 , ill the camp, and v.'liy, 
31i ; on march, 315 ; and in 
battle, 317. 

Altars, 203; place of refuge, 264. 

Amallhea, the Sibyl, 246. 

Auibustus, his daughters occa- 
sion an important change in 
ihe government, 97. 

Amphitheatre, 283. 

Aiiaximander,orAnaximenes,said 
to have invented dials, 209. 

Av.liiiais, how yoked, 47", and 
driven, 481. 

Annals, how composed, 237. 

Aunalis, L. Viliius, proposed a 
law to regulate the age for 
enjoying offices, 89. 

y. ntoiii' u.-;, his pillar, 492. 

A ntonius, C. expelled from the 

senate, 5. 
Antoiiius, M. blamed for his 
marriage, 401 ; offers a crown 
to CssiiT, 237, 252; his profu- 
sion, 432. 
A picius, his luxury and death, 

432, 
Apollo, names of, 227; his tein- 

ole. 487- 
.Appeal, liberty of. 92, 201. 
AquediicU, 377, 191. 



Archers, 304, 305. 

Arches, triumphal, 492, 

Argonauts, 337. 

Aristophanes, 294. 

Armour, defensive and offensive, 
306, 307. 

Asinius Pollio, founder of the 
first public library, 447. 

Ashes and bones of the dead, 
how gathered, 418; and depo- 
sited, 419. 

Assemblies of the people, 64 ; by 
curiae, 65; by centuries, 67 ; 
by tribes, 81 ; broken off by 
what, 75 ; manner of holding 
the assemblies by centuries, 
ib.; by tribes, 84: nocturnal 
assemblies prohibited, 165,166. 

Assian stone, coffins of, 419. 

Athletic games, 27S, 279. 

Auction, form of, 47. 

Averruncus, 232, 233. 

Augurs, could not be deprived of 
their office, 241 ; their duties, 
ib. ; their badges, 242. 

Augustus reforms the senate, 4, 
5 ; excludes from the senate 
many who had been introduced 
by Ciesar, 5 ; limits the time 
of its meeting, 8 ; regulates 
the Comitia, 85; gives his 
vote as an ordinary citizen, ib. 
86 ; becomes master of the em- 
pire, 87, 140 ; declines the title 
of censor, 111 ; invested with 
the tribunitian power, 117 ; re- 
jects the dictatorship, 127; 
consults withAgrippaand jMae- 
cenas about resigning his 
power, 100 ; makes a new par- 
tition of the provinces, 13/; 
and first appoints salaries to 
the provincial magistrates, 138, 
257 ; his descendants might 
have long enjoyed the sove- 
reignty, if he had possessed 
the wisdom to impose on him- 
self and his successois proper 
restraints against the abuse of 
power, 139; artfully establishes 
his authority, 140 ; titles con- 
ferred on him, ib. ; power 
granted to him, 142; altars 
erected to him, 144; vows 
made for his salety, ib.; rules 
at first with great moderation, 
ib.; gradually enlarges his 
power, ib. ; so humbled the 
spirit of the Romans, that they 
never after made any joint ef- 
fort to recover their liberty, 
145; allows only particular 
persons to answer on questions 
of law, and obliges the judges 
to follow their opinion, 156; 
change!) the mode ol enacting 



laws, 182; assumes the offica 
of pontifex maximus, 238; his 
superstition, 259; the month 
August called Irom his name, 
and why, 265 ; this said to be 
done by an order of the people, 
141, 142; restricts the licence 
of divorces, 407 ; stations fleets 
in different places, 346; his 
ring, 366; wears several tu- 
nics, 356 ; did not shave till 
twenty-five, 367 ; sometimes 
clipped his beard, and some- 
times shaved, 368 ; the sum ho 
received in legacies, 431 ; a 
civic crown and two laurel 
branches set up before his 
gate, 323, 450 ; puts to death 
some who refused to enlist, 
301; refuses the title of Domi- 
nus, 443 ; adorns Rome, 448; 
his vanity on recovering from 
the Parthians the spoils taken 
from Crassus, 488; his death, 
140 ; his tomb, 422. 

Auroia, 224. 

Auspices, manner of taking, 73, 
74. 



Bacchus, 229 ; his orgies, ib. ; 
festival of, 271. 

Bachelors, punishment of, 174. 

Badges of the senators,fi; equites, 
21 ; kings, 90; consuls, 92; 
praetor, 103; dictator, 126; em- 
perors, 144; augurs, 242; cen- 
turion, 303. 

Bail, form of, 187. 

Ball, game of, 375; of four 
kinds, ib. 

Barbers, first introduced from 
Sicily, 367 ; their shops much 
frequented, 368. 

Baths of diflerent kinds,375; first 
ouilt,377 ; parts of, 378—380 ; 
time and manner of bathing, 
375, 379. 

Bathylhis, pantomime, 295. 

Battle, order of, 317. 

Beard, how shaven, 367; allowed 
to grow in grief, and to give 
«in air of gravity, 368. 

Bears, constellation of, 479. 

Bellona, 226. 

Bellows, 226. 

Belt, or girdle, when used, 355. 

Bibulus, weak conduct of, 167 

Bona Dea, festival of, 271. 

Bonds, used in all important 
contracts, 193 ; exchanged be- 
tween Augustus and Antony, 
&c., ib. 

Books, kinds of, 441. 

Bootes, constellation of, 479. 

Bracelets, m, 361. 



524 



15ie:ist-pin, 363. 

Breeches, not v,-orn by the 
mans 278, 357. 

Bridges, number o£, 497. 

Brutus, the couspiracy of 
sons, 33. 

Bnihiings. public, 4S6. 

Burial, places of, 'lib. 

Burning the dead, custom 
whence derived and u 
dropped, 410,411; what j 
sons were not burned, ib. •, \ 
forbidden in the city, 416. 

Buying and selling, form ot^ 

m. 



Cadmus, brought letters into 
Greece, 439. 

Cxre, tlie pe.jple nf, receive the 
Vestal virgins, 3S. 

Giesar, Julius, admitted his offi- 
cers and mercenary soldiers 
into the senate, 5 ; vilifies tlie 
authority of the senate, 18,19; 
abridges the rights of tlie peo- 
ple, 65; oppresses the liberty 
of his country, 87; province 
•appointed to him by the senate, 
Dtt ; reduces tlie p')wer of the 
consuls, 99 ; made perpetual 
dictator, ib. 127 ; makes a re- 
vi-!W of the [^eople, 110; his 
pretext for crussin^ the Rubi- 
con, 111, 117; his popular 
laws, 167 ; proposed to arrange 
all the laws, 169; an instance 
of liis surprising presence of 
mind, 243; warned of liis death, 
261; regulates the year, 265; 
the saying of Sylla concerning 
him, 355 ; divorces Pompeia, 
and why, 406; his attention lo 
dress, 355,359; why pleased 
with a laurel crou-n, 360; his 
ling, 366 ; his debts and bribes. 
431 , manner of writing his let- 
ters to the senate, 444, about 
things he wished to keep se- 
cret, 445; murdered in the 
senate house, 87, 360; a tem- 
ple and priests consecrated to 
iiim, 141, 252; senators slain 
at his altiir,263. 

Calendars, why so called. 236. 

Calpurnia, the dream of, 456, 

Camillus, Sp. Karius, was the 
first praetor, 100. 

C imp, form of. 311. 

CandJdalPs, their dress and man- 

, ner of canvassing, 71,72; how 
elected, 77, 7S. 

Capital trials, 2U5. 

Capitol, 486. 

Capitolianiinarbles, why so' call- 
ed, 236. 

Capua punished, 59. 

Carriages, 474— 4a3. 

CMrvilius RuE;a, the first who 
divorced his wife, 406. 

Castor and Pollux, 231. 

Caracombs, 423. 

Citi', ordered lo be led to prison, 
11, 167, 168; sent to reduce 
Cyprus, 162; his dress, 354. 

Cavalry, how chosen, 31)2; their 
arms and dress, 31)8; their 
place in llie camp, 312; and 
in battle, 317. 

Ceilings, how adorned, 491. 

Censurt, their iiiititution, 105, 



106; their office, 106; their 
power, 109,110; discontinued 
under the emperors, 110. 

Censorious, whence called, ib. 

Centuries, their constitution and 
nature, 80, 81, n. 

Centurion, badge of, 308. 

Cerberus, 233. 

Ceres, 223 ; her mysteries, ib. 

Chariotraces, 276, 277. 

Charon, ferryman of hell, 233, 
410; his boat, 337. 

Chimneys, anciently not used at 
Rome, 454. 

Chorus, why suppressed, 294. 

Christianity, established by Con- 
stantine, 55. 

Christians, their meetings prohi- 
bited, and why, 166 , often ex- 
posed to wild beasts, 280 

Cicero, unites the senate with 
the equites, 19 ; gets the pro- 
vince of Cilicia against his 
will, 97; made quiestor, 3 ; 
called "Father ot his Coun- 
try," 141; hindered by a tri- 
Dtine from m;;king a speecli to 
the people, when he resigned 
the consulship, 95; promoies 
the ambitious designs of Ciesar 
contrary to his own judgment, 
J32; is banished, 162; his 
laws 181; the senate change 
their habit on his account, "^07 , 
his death, 212. 

Cincirinalus, taken from the 
plough til comiiiand the Roman 
army, 460. 

Circus Maximus, description of, 
274; shows e.\hibited there, 
276. 

Cities, formalities in founding, 
60, 61; in destroying, 62; their 
walls sacred, ib. 

Citizens, rights of, 39: could not 
lose the freoriom of the city 
against their will, 56, 163; 
cuuM not be scourged, 176. 

Civil law, the, study ot, revived 
in Europe, )S4. 

Civil trials, 185. 

Classes, into which the people 
were divided, 67; whence 
classes of scholars, Quinctil. i. 
2.23. X. 5.21, and of workmen, 
Columell. i. 9. 7. 

Claudius, P. punished for slight- 
ing the omens, 241. 

Claudius, emperor, abridges the 
number of holidays, 274. 

Claudius, App. decemvir, 130; 

Claudius Caicus, first elected 
sons of freedmen into the se- 
nate, 4 ; supposed cause of his 
blindness, 253. 
Cleopatra, swallows a valuable 
pearl dissolved in vinegar, 432. 
Clients, doe given to, 387. 
Cloacina, 233. 

Clodius, restricts the powers of 
the censors, 110 ; adopted by a 
plebeian, 40; made tribune, 
112; the enemy of Cicero, ib.; 
his laws, 161 : tried for violat- 
ing the sacred riles of the Bona 
U^a,165; killed by the slaves 
of Mil", 176 ; and burned in 
the forum, 417. 
(Moth, how wrought, 464. 
Clothes, of different kinds, 364. 
CofHii, 412; how deposited, 419. 



Coins, kinds of, 424—429, &c.; 
put in the mouth of the de- 
ceased, 410. 
Colleges of priests, 'Vc, 218. 
Colonies, manner of settling, 61 ; 

nf different kinds, 62, 63. 
Columns, kinds of, 491. 

Comedv, ancient, middle, new, 

289,290; writers in each, ib. 
Command, military, how conUfr- 

red, 66. 
Consecration of the emperors, 
424. 

Corisentes, gods so called, 228- 

Constantinople taken by the 
Turks, 6 1. 

Consuls, respect shown them by 
the senate, 9; by others, 92, 
93; their powers, 11,92,300, 
301 ; when instituted, 86 ; their 
badges, 91; time of entering' 
on their office, 94; with wh;it 
solemnities this was done, 9-1, 
95; their provinces, 95; from 
what order created, 97 ; their 
legal age, 98 ; their state un- 
der the emperors, 99. 

Consuls elect, i?rst asked their 
opinion in the senate, 9 ; and 
why, 94. 

Cooks, from Sicily, 365. 

Corn, given to the poorer citi- 
zens, 160, 178. 

Curuncanius, the first who gave 
his advice freely, 154; fir.st 
plebeian pontifex maxiinuB.23S. 

Couches, for reclining on at meat, 
371. 372; usual number of in a 
room, 373; their form, ib. ; 
and covering, ib.; funeral 
couches, 412. 

Crassus, wealth of, 430. 431. 

Criminals, dress of, 73, 207; 
altT sentence, used ancieiitlv 
to be punished without delay; 
but this was altered by Tibe- 
rius, 218, 219; how (realed 
after death, 220, 221, 419. 

Crowns, given as rewaros, 3^2; 
used at I'eaNls, 381 ; put on the 
head of the deceased. 410. 

Cup5, kinds of 394, 395. 

Cupid, 225. 

Curio, turns two theatres intn an 
ampliitlieatre on the same day, 
297 ; his corruption and lute, 
431. 

Curius Dentatus, 371. 

Cybele. 229 ; priests of, 253. 

Cyclops, 225. 

Cypress, used at funerals, 410. 
P 

Dxdalus, said to have invented 
sails, 337. 

Damage, repaired, 19P. 

Daughters, how named, 27. 

Day, division of, 269; common 
and holy days, 270. 

Debtors, cruel lawconcerniiig.40. 

Decalogue, written on stone, 438. 

Decamping, maimer of, 315. 

Decemvirs, why created, 129,130. 

Dessert, fruits and sweet-ineats, 
374. 

Devoted to one's service, origin 
of the phrase, 142. 

Dials, first invented, 269, 2/0. 

Diana, 227; her temple, 487- 

Dice,gameof, 397. 

Dictator, (ir»l made. 125; causos 



525 



of creating this magistrate, I 
ib. ; his badges and power, 
125,126; this" office intermit- 
ted for 120 years before Sylla, 
127 ; abolished after the death 
of Caesar, ib. 

Dictatorship, object of its insti- 
tution, 128, 129. 

Discharge, military, 330. 

Discipline of the troops, 310. 

Dishes, kinds of, 38i-, how 
brought in, 374, 3S5. 

Divorces, form of, 407. 

Dogs, employed to guard the 
temples, 452; why impaled, ib. 

Donations, kinds of, 48, 49. 

Door, opened outwards, 452; se- 
cured bv bars, &c., ib. 

Dowries, diversity of, 400, 401. 

Dramatic entertainments, first 
introduced from a religious 
motive, 288; often interrupted 
by the people calling for other 
snows, -^96. 

Dress, of men, 350, 351 ; in pub- 
lic and private, 355 ; of wo- 
men, 351, 360, 361; of boys 
and girls, 353 ; of soldiers, 310, 
357, 35S ; of generals in a tri- 
umph, 326, 356; of senators, 
ib. ; of priests, 238, 242, 251, 
252, 255, 352; of poor people, 
356 ; and of slaves, 369 ; of the 
dead, 410. 

Drinking healths, 396, 397. 

Driver, of carriages, 483. 

Drusus, Livius, laws of, 171; 
and death, ib. ; his saying 
about his house, 432. 

Diiilius, column erected in 
honour of, 491. 



Ear-rings, 363. 

Edicts, of the praetor, 101; of 
other magistrates, 102. 

Egyptians, embalmed their dead, 
415; inventors of hierogly- 
phics and letters, 438. 

Election of magistrates under 
the republic, 70, 78, 82.83,89; 
under the emperors, 85. 

Emancipation ot children, 41. 

Embalming, cause of it, 415. 

Emperors, their titles, 140, 141 ; 
their power, 142, 143; their 
badges, 144. 

Enteriainments, expenses of, li- 
mited by law, 15S 163, 168 ; of 
difterent kinds, 369, 386, 387, 

Entrails, how inspected, 261. 

Ephori at Sparta, resembled the 
tribunes at Rome, 113. 

Epicurus, his gardens, 4o9. 

Epitaph, form of, 423. 

Equestrian order, iis institutio 
20, 21 ; badges and office, 21 

Estimate of fortunes, how made, 
67, 107. 

Evaiider brought letters from 
Greece into Latium, 439. 

Euripides.iiiiproves tragedy,293. 

Evidence, kinds of, 213. 

Exceptions, how expressed, 193, 

Executioner, 148. 

Exercises, kinds of, 375 ; iu the 
armf, 315. 



f abiiis, his manner of declaring 
war on Carthage, 350. 



Fabins Maximus, prodictaior,126. ' 

B'alsehood, punished, 109, 172. 

Family, right of, 40. 

Fanatics, whence called, 845. 

Farmers, kinds of, 462, 

Fascinus, 232. 

Fates, 229. 

Father, right of, 41. 

Faunus, 232. 

Fences, kinds of, 486. 

Fertility of different soils, 466. 

Festivals, stated, 270 ; movable, 
273; occasional, ib.; number 
of, hurtful, 274. 

Fines, extent of, 158. 

Fish, the Romans fond of, 384. 

Fish-ponds, value of, 432. 

Flamen of Jupiter, 4, 251, 416. 

Flaminius, destruction oi, 126. 

Flavius, why made asdile, 154. 

Flax, tor what used, 467. 

Fleet, Roman, where stationed, 
124, 345. 

Flora, 232; festival of, 271. 

Flutes,of different kinds,294 295. 

Foreigners, their state at Rome 
disagreeable, 64, 169. 

Foundlings, state of, Plin. Ep. 
X. 71, 72. 

Fox, why burned as a sacrifice 
to Ceres, 223. 

Freedmen, insolence of, 454. 

Freedom of the city, first grant- 
ed to physicians and the pro- 
fessors of the liberal arts by 
Caesar, 168. 

Friends, how some testified theli- 
affection, 418, 419. 

Funerals, why so much attended 
to, 408; public and private, 
411; funeral couches, 412 ; pri- 
vate funerals celebrated by 
night, and public by day, 413 ; 
ceremonies of both, ib.— 424; 
funeral procession, 413; fune- 
ral oration, 414 ; first made by 
Poplicola in honour of Brutus, 
ib. ; and by Catulus, in praise 
of his mother Popilia, ib. ; fu- 
neral pile, 417 ; animals thrown 
into It, 418 ; some persons 
come to life on it, ib. 

Furies, 229. 



Galleys of war, difficulty in un- 
derstanding theirconstruction, 
339, n. ; Mr Howell's theory, 
ib.-341,n. 

Games, ordinary and extraordi- 
nary, 274; ot the circus, ib.; 
private, 397, 398. 

Gardens, 458. 

Gates, how adorned, 353; of 
Rcme, 465. 

Genius, 230. 

Germans, their manner of con 
jeciuring futurity, 244. 

Gladiators, diJterent kinds of, 
282; where exhibited, 2^3: 
their manner of fighting, 286; 
prizes given to the victors, ib. 

Glass, invpntion of, 457. 

Gods,221-230 ; ministers, 234-250, 

Government, of Rome, originally 
aristociatical, 68; brought to 
a just equilibrium, 116; worst 
kind of despotism under the 
emperors, 144. 145. 

Gracchi, laws of, 17S; fate, 116. 

Graces, 225. 



Grain, kinds of, 466. 

Greeks, in grief, cut their hair 
and shaved theu: beard, 368. 

Gregory, pope, corrects the 
year. 266. 

Guardians, appointment of, 53. 
H 

Hadrian revives the custom o? 
letting the beard grow, 367. 

Hair, perfumed at feasts, 381 ; 
how dressed by women, 3b0 ; 
by men, 367; not cut at sea, 
369: method of pulling out 
small hairs, 368. 

Harbours, how fortified, 348. 

Hay, making of, 468. 

Heathens, whence named, 56. 

Heirs, how appointed, 51. 

Helena, 232. 

Helioaabalus, first wore a robe of 
pure silk, 364. 

Heralds, or public criers, 146. 

Hercules, his labours, 231. 

Hermodorus, 130. 

Hesperides, the fabulous gardens 
and golden apples of, 459. 

Hiero, his regulations concern- 
ing the letting of lands in Si- 
cily adopted by theR omans,166. 

Hieroglyphics, use of, 438. 

Hills of Rome, 483. 

Hospitality, inviolable, 382, 383. 

Hour-glasses, 202. 

Household gods, 230. 

Houses, regulations concerning, 
45, 46. 448 ; rent and prices of, 
432, 433. 

Human sacrifices, 263, 271. 

Hymen & -aeus, 232, 405. 

I 

Idolatry, origin of, 415 

Illegitimate children state of,402. 

Images, what and where kept, 
25 ; carried at funerals, 414. 

Indian wise men burned them- 
selves, 411; also wives on the 
piles of their husbands, 418. 

Infants, often exposed, 41. 

Ingrafting, manner ot, 471. 

Inheritances, right of 51 ; form 
of entering upon, 52. 

Injuries, how punished, 196. 

Inns, anciently few, 3S2. 

Instruments, used in writing, 
440; in husbandry, 463; for 
fixing burdens on the backs of 
slaves, 475; for driving ani- 
mahs in a carriage, 481. 

Interest of money, 433. 

Interrex, particulars concerning, 
70, 66. 89. 91. 

Interring the dead, most ancient. 
410.415 ; and most natural, 410. 

Irnerius, revives the study of the 
civil law, 184. 

Italians, their right, 55. 59. 

Janus, how represented, 228; 
his temple, 488. 

Jews, their manner of burial,41S. 

Judges, of difterent kinds, 197, 
198; appointment of, 199; 
chosen from what order, 209. 

Judgment, manner of pronounc- 
ing, 202; its effects, 203. 

Juguithine war, 116. 

Julian year, 266. 

Juno, how represented, 222. 

Jupiter, his name and attributes, 
221. 



536 



Jury, choice of, 209. 
Justinian reduces the Roman law 
into order, 183. 



Kings, 86, 90. 



1-atnps, their construction, 45S. 
Landed estates, too larse, hurt- 
Jul, 469 ; the value oflands in 
Italy raised by a law of J'ra- 
jan, 470, bS. 
Lartius, first dictator, 125. 
liatins, their rights, 57. 
J-atin tongue, the Italian states 

prohibited the use of it, 402. 
Ijaurentia,nurse of Romulus,219. 
Laverna, 232. 

Laws of Rome, at first few, 129 ; 
of the XII. Tables, 130, 153; 
causes of new laws, 149 ; time 
b.;tween proposing and passing 
u law, 71, 73 ; how passed, 75, 
78, 79, 83; certain laws ex- 
cite great contention, 115; by 
what name distinguished, 119, 
150 ; species of the Roman 
w, 152 ; laws of the emper- 
ors, 20, 182; collected by the 
Older of Justinian, 183, 

Lawyers, origin of, 154; manner 
of consulting thcoi, 155 ; un- 
der the republic, not permitted 
tu t>ke fees, ib. ; limited to a 
certain sum under the emper- 
ors, 156; their education, ib. ; 
eminent lawyers, ib. ; those 
made at dittcrent times, 157 — 
1S2. 

I^da, 231. 

Legacies, how left, 51. 

Legions, etymology of the word, 
1, how many ruised at dift'er- 
ent times, 300 ; division of 
each, 3U4 ; officers, 3U7. 

Lemnos, woriishopof Vulcanus, 
225. 

Lentulus, degraded, 5. 

Letters, of the alphabet, 438: 
epistles, 444, 445 ; ingenious 
modes of conveying, 445. 

Liberty, right of, 39; whence 
the loss of it may be dated, 
116; causes of its suDversion 
19,24, 87,95,96,115, 139, &c 

Libraries, 447. 

Licinius Stolo, 98. 

Lictors, 90, 91, 148. 

tieutenants, the number assign 
ed to proconsuls, 133; tlieir 
ottjce, ib. 

Limits of the emTire, 499. 

Linen, not worn by the Romans, 
356, 376, 452. 

Litters, when introduced, 476. 

Liver, sometimes thouglit to be 
wanting in victims, :i61. 

Livius Aiidronicus, the lirst wri- 
ter of plays at Rome, 288. 

Locks, keys, bolls, "^c, 451. 

Lciom, parts of, 452, 453. 

Lnts, used in prosnosticaling 
future events. 243. 

Lottery, a kind of, 398. 

Luna, 230. 

Lunatics, whence named, 245. 

M 

{tliichines, used in sieges, 334— 
3J6; for hiuJing ships, 317. 



Mascenas, intrusted by Augustus 
with the charge of the city, 
153; his advice much respect- 
ed by that emperor, ib., 85, 
140; his tower, 416; effemi- 
nate in his dress, 355; said to 
have invented the art of writ- 
ing short-hand, 146. 

Msuius, his column, 492. 

Magistrates, at liifl'erent times, 
86 ; their functions more ex- 
tensive than among us, 83; 
division of, ib. ; ordinary ma- 
gistrates under the republic, 
91 — 122; under the emperors, 
122—125; extraordinary ma- 
gistrates, 125 — 131 ; provincial 
magistrates, 132—133. 

Manufactures, woollen, 442. 

iNIanure, kinds of, 462. 

March, order of, 315. 

Marius, rose from a common sol- 
dier, 307 ; seven times consul, 
98; faithless and ambitious, 
96, 116, 158; cruel, 237; first 
enlisted soldiers from the low- 
est class, 299; made several 
clianges in military art, 302,321. 

Market-places, at Rome, 490. 

i\Iarriage, only between Roman 
citizens, 41 ; anciently prohi- 
bited between patricians and 
plebeians, ib., 2t) ; as some- 
times between neighbouring 
districts, 402 ; encouragements 
to, 174 ; different forms of, 
399, 40O. 

.Mars, 225; his shield, 226; his 
temple, 48S. 

Marsic war, 59; cause of, 171; 
very deslriiclive, ib. 

Marsyas, punishment of, 490. 

Masks, their varieties and uses, 
289-291, n. 

Mast, the ancient ships had but 
one, 343. 

Master of horse, 127. 

•Measures, of length, 435; of ca- 
pacity, 436. 

INIedals, 4-.:8. 

Menander, 290. 

Mephites, 233. 

Mercenary servants, 30 ; troops, 
303. 

Mercury, 226 ; images of, ib. 

Merula kills himself, 251. 

Metellus Numidicus, banished, 
158. 

Metellus loses his sight, 13, 255. 

Milo, was dictator in Lanuvium 
wlien candidate for consulship 
at Rome. 38. 

Mineiva, 222; her shield, ib.; 
festival of, 271. 

Ministers of religion, 234. 

IMinns, 233. 

Minority, years of, 170. 

Monarchy, re-established, 139. 

Money, when coined, 425: how 
computed, 429 ; interest of, 433. 

Months, division of, 267, 268; 
only ten under Romulus, :^65 , 
two added by Numa, ib. 

Morra, game of, 399. 

Mourning, manner of, 368, 421, 

422. 
Mulciber, a name of Vulcan, 225. 
Municipal towns, til ; not obliged 
to receive the Roman laws 
unless they chose, ib. 
Muses, Zi7' 



Music, warlike inslriinieicla <>/, 
314, 315. 

N 

Names of tlie Komans, 26. 

Naval aftairs, 33ii, 337. 

Necklaces, 363. 

Neptune, 22i; why hostile to 
the Trojans, 234. 

Nereides, 224. 

Nero, colossus of, 263 ; SFts 
Rome on fire. 449; curionn 
ceiling of his dining-room, 4.^8. 

New Style, when first adopted iu 
England, 266. 

Noblemen, young, how instruct- 
ed in puh'i^ l.usiuess, 4; iu 
jurisprudence, 156; and iu the 
art of war, 133, 3 3. 

Nobles, why so called, 25 ; on 
them the bad emperors chiefiy 
exercised their cruelly, 145. 

Numa, his laws, 173. 

Number of the people, how as- 
certained, 67. 

Nymphs, 225, 233. 
O 

Oalh, form of, 201 ; themultiply- 
ing of oaths hurtful, 142; uii- 
litaiy oath, 302. 

Cceanus, 224. 

Otticers in the army, 307, 308; 
ill the navy, 346. 

Omphale, 359. 

Orestes, tried for the murder of 
his mother, 217. 

Ostracism, what, ib. 

Oxen, alwiiys used in ploughing, 
464 ; bow trained, ib. 



Pagans, whence named, 56. 
Palatine mount, 483. 
Pules, 232; festival of, 2V1. 
Pallas, 222; her image, ib. 
Palms, first given to the victor* 

at games, 277. 
Pan, 232. 
Pantheon, 487. 

Pantomimes, 295; composers, ib. 
Paper made of the papyrus, 43b ; 

of linen rags, 440. 
Parchment, first made. 4:i9. 
Patches, why used, 362, 863. 
Patricians, 1, 24, 25. 
Patrons and clients, their strict 

union, 24. 
Pavements, how adorned, 457. 
Pay, military, 3i9. 
Pearls, value of, 432, 
People, power of, 17, 96, 236 ; 

coi:imon people of the country 

more respectable than of the 

city, 23; their assemblies, 64. 
Perjury, punishment of. 143. 
Perukes, when lirst used, 368. 
Pctreius, his bold answer to 

Caisar, 168. 
Phoenicians, first inventors of 

s.iiling, letters, and astronomy. 

Plebeians, 1, 23. 

Plough, form of, 463; manner of 

ploughing, ib. 
Pluto, 229. 
Plulus, 223. 

Poles, of the heavens, 180. 
Pomona, 232. 
Pompeius. Se»t., why called the 

son jf Ne;ilunc, 221. 



527 



Pompey made consul, 98; sent 
against the },i;aies, lo5; 
against Jiitlirid.ites, 17'2; his 
exhibition of wild beasts. 280; 
first built a theatre of hewn 
stone, 297; device of his ring, 
iitio ; his death, SbO- 

Pontit^s, 234, 239. 

Pontius, tiamuite general. 95. 

Poplicola, laws of, 92. 

Popgaea bathed in asses ' milk, 362 

Porticos, uses of, 376, 491. 

Possession, form of claiming, 18S. 

Posts, institution of, 497. 

Prtetor, institution and power 
of, 100 ; at first one, ib. ; a se- 
cond added, ib. ; the number 
of prsetors increased, 104; the 
city praetor the chief, 101 ; his 
edicts, ib.; badges, 103; and 
attendants, 104 ; manner ot 
administering justice, 185, 188; 
how lie pronounced sentence 
in a criminal trial, <il7. 

Praetorian cohoris, 32U, 4So; 
camp of, ib. 

Prayers, how made, 253, 259. 

President, of a fe-st, 397. 

Priapus, 229. 

Priests, of different kinds, 234— 
257 ; of pariicular deities, 250; 
of Jupiter, ib. ; of iVIars, 251; 
of Pan, 252; of Hercules, 253; 
of Cjbele, ib.; of Vesta, 254; 
what their emoluments were 
Is uncertain, 25tl, 257 ; by 
whom elected, 83, 164, 234, 
5J41 ; their servants, 257. 

I'roconsuls and Propraetors, ori- 
gin of the name, 132; pro- 
vinces assigned to tliem, 133; 
they set out from the city with 
great pomp, ib.; their power 
in the provinces, 134; man- 
ner of administering justice, 
ib. ; their exactions, 135; re- 
turn to Rome as private cili- 
■zens.unless theytriumphed,136 

I'rocurator of Judaea, 138. 

Property, right of, 43; modes of 
acquiring, 46. 

Proscription of citizens, 162. 

Proserpina, 229. 

Provinceo, rights of, 59; taxes 
imposed on them, 60 ; new 
panitiuu by Augustus, 137. 

Provincial magistrates under the 
republic, 13i— 136; under the 
emperors, 137, 133. 

Punishments, 219; military,328. 

Purification, manner of, 69, 420. 

Py lades, famous pautomine,295. 



)ujestors, why so called, 119 ; 

'their office, ib.; under the 
emperors. 121; it gave admis- 
sion into the senate, 3, 



Kam, a machine in war, 334. 

Heaping, manner of, 4ti8. 

Keclining at supper, when in- 
troduced, 371, 372; manner 
of, ib. ; and cause of, 381. 

Ilegisters of all public transac- 
tions, 14 ; kept in the trea- 
sury, 15. 

Hepublic, causes of its ruin, 19, 
24,96,98,116,133, 140,302. 

Review of the people, instituted 



byServius, 67, when and how 
made, 6b, 70, J 07, 110. 

Rewards, military, 322, 323. 

Rhea, 22S. 

Rhodiaus, their regulations con- 
cerning naval affairs, 17/ . 

Rights of citizens, 36 ; could not 
be taken from any one against 
his \yiil, 56; diminution of, 57. 

Rings, much used, 365, 366. 

Rivers, sources sacred, 233. 

Roads, how paved, 496. 

Robbery, punishment of, 196. 

Robigus,Robigo,2b2; feastof,271 

Romania, why so cailed, 64. 

Romans, how divided, 2, 25; 
anciently weighed their mo- 
ney, and did not count it, 42; 
cautious in admitting new sa- 
cred rites, 56; their respect 
for the ministers of religion, 
235; passionately fond of 
races, 276 ; of shows of gladi- 
ators, 2S7 ; and of uncommon 
sights, 296; almost always 
engaged in wars, 299; as re- 
markable for enduring labour 
as for courage, 333 ; long un- 
acquainted with naval affairs, 
337 ; careful to wear the toga 
in foreign countries, 350; 
usually went with their heads 
bare, 359; when covered, 360; 
allowed their hair to grow in 
mourning, 368 ; their ancient 
simplicity, 381 ; their luxury, 
and the cause of it, ib.; at first 
sat at meat, 371; borrowed the 
custom of reclining from the 
East, ib.; began their feasts 
with prayer, 381; and ended 
them in the same manner, 399. 

Rome, built, 1; taken and burnt 
by the Gauls, 38, 448; and 
under Nero, 449 ; adorned by 
Augustus, 448; its streets nar- 
now, ib. ; its gates, 4S5 ; and 
bridges, 498; its Latin name, 
why concealed, 336, 504; more 
probable account of its origin, 
601—504. 

Romulus, founds Rome, and di- 
vides the Romans into three 
tribes, 1; ranked among the 
gods, 232; his contest with 
Remus, 240. 

Roofs, form of, 456. 

Rope-dancers, 296. 

Rowers, how they sat, 33.S. 

Rubicon, the boundary ot Cae- 
sar's province, 114. 

RutUus, plebeian censor, 106. 
S_ 

S, this letter anciently used in- 
stead of R, 175, 177. 

Sacred rites, 258; how perform- 
ed, 260—262. 

Sacrifices, 253; to the dead, 421 . 

Sails, invention of, 337 ; how 
adjusted, 344. 

Sallust, the historian, excluded 
from the senate, 5 ; mane prae- 
tor by Caesar, to recover his 
senatnrian dignity, ib. 

Salt, much used, 382. 

Sandals, how fastened. 358. 

Satires, whence named, 2^S. 

Saturn, 228; festival of 273. 

Saturninus, his laws, 158; siain 
by Marias, ibt 



S'jaurus, his theatre, S&O. 

Scenery of theatres. 29s. 

Scipio Africanus, 98, 116, 133. 

Nasica kills Graccluis 

116; poiitifex maximus, 238- 

Scribes, or notaries, 144. 

Seasons, 230. 

Senate, its institution, 2; num- 
ber, ib. : prince of, 3 ; freed- 
men admitted into, 4; by whom 
assembled, 6; places and times 
of meeting, ib. ; quorum of, 8 ; 
manner of holding and con- 
sulting the, ib., 9 ; manner of 
making a decree, 13; form of 
writing it, 14; not valid, im- 
less carried to the treasury, 
15; rai-ely reversed, ib. ; pow- 
er of the, 16, 17 ; force of its 
decrees, 18; little regardea 
in the last ages of the repub- 
lic, 19; apparently increased 
by Augustus and Tiberius, 
ib. ; to establish despotism, ib.; 
judges of crimes, 218. 

Senate of Grecian cities, 63. 

Senators, choice of, 2; their age, 
3 ; chosen by the censors, 4 ; 
fortune of, 5 ; their badges, 
6 ; order in which they were- 
asked their opinion, 9; manner 
of delivering it, 10, 11, 13; 
were not to be interrupted, 
11 ; their privileges, 17 ; their 
servility to the emperors, 140. 

Seneca,wrote some tragedies, 293 

Sentence, form of, in civil trials, 
188 ; in criminal trials , 215, 216. 

Sepulchres, dedicated to tne in- 
fernal gods, 43; where built, 
416, 417 ; by whom, how, 422. 

Servants, of the magistrates, 
145, 146; of the priests, 257. 

Servitudes, of lands, 45. 

Scrvius TullibS, institutes the 
census, 67; made many laws, 
130 ; file Urst who coined mo- 
ney, 425. 

Sewers, very large, 495. 

Sextius, first plebeian consul, 98. 

Ships, their first construction,^ 
337 ; different kinds of, 339, 
340; chief parts of a ship, 341, 
342; how manned, 345 ; naval 
affairs, ib ; manner of em- 
barking, 347, 348; order of 
battle, 348; method of trans- 
porting ships by land, 347; 
size of trading vessels, 349, 

Sho<:s,kinds, 358 ; for horses,359. 

Short-hand, art of, 146, 15i 
quickness of, 446. 

Sibylline books,246 ; keepers,24> 

Sicily, the first country reducec 
to ttie form of a province, 60. 

Sicinius, causes the plebeians to 
retire to Mons Sacer, 111. 

Siege, form of, 330, 336. 

Silk, long known before silk- 
worms were introduced, 364. 

Sir, equivalent to dominus, 443. 

Skeleton,introduced at feasts,397 

Slaves, how made, 28; their 
treatment, 30, 31 ; their value- 
30, n. ; of dilferent kinds. 32 
how made free, 33 ; theii 
names from their occupations, 
35, n 37, n. ; their manu- 
mission restricted by law, 34. 
160, 165; punishment of, 31, 
'iil \ their dress, 369 ; not al» 



528 



lowed to serve In the army 
but in dangerous iunctnres, 
31; such as obtruded them- 
selves, were sometimes put to 
death, 302; slaves who frizzled 
the hair. 361; shaved, cl63, 
cooked victuals, 385; carved, 
and waited at table, ib. ; wrote 
letters and books, 446 ; watch- 
ed at the gate, 450 ; took care 
of the atrium, 455 ; of the bed- 
chambers, ib. ; dressed trees, 
460; cultivated the ground, 
462, 470 ; carried burdens, 
sedans, and litters, 410. 

Siingers, 305. 

Soil, qualities of a good, 462. 

Sol, a29, 230; the same with 
Mithras, 230. 

Soldiers, enlisted, 1, 54, 300, 301 ; 
different kinds of, 303. 3U4; 
divided into different ranks, 
304; their arms and dress, 
306,307, 310, 357, 358; their 
order and discipline, when en- 
camped, 313 ; on march, Sl5; 
in battle, 317 ; their rewards, 
322, 323; punishments, 328; 
pay and discharge, 329, 330. 

Solon the lawgiver, 130, 291. 

Sons, how freed from the power 
of their father, 41. 

Sophocles, improves tragedy 293. 

Sosigenes, regulates year, 206. 

Sowing, manner of, 465, -106- 

Spectacles, their etteots, 280,281. 

Sipurinna, predicts the death of 
Caesar, 261. 

Bta^e-plays, first instituted, 288; 
chiefly of three kinds, 2S'J, 290 ; 
often prohibited, 2y6. Tacit. 
Ann. iv. 14. xiii. 45. Suet. 
Ner. 16. Dom. 7- Plin. Pan.4B. 

Stages, along the road, 497. 

Standards, kinds of, 120, 318,319. 

Stipulations, tnrra of, lt9, 192. 

Stirrups, the Romans had none, 
179, 307. 

Stockings, not worn by the Ro- 
mans, 357, 359. 

Stoics, whence named, 492. 

Style, old and new, 266. 

Superstition of the Romans, 74, 
244,273,274,342, 347. 

Supper, the principal meal, 369 ; 
place of, 372, 455; dress for, 
381 ; parts of, 383 ; music, 

_ &c. in time of, 386. 

Swearing to support whatever 
laws were passed, when lirst 
enforced, 158, 167. 

Sylla, his choice of senators, 4 ; 
usurpation, 168,162; cruelty, 
ib. ; increased the number of 
the quaestiones perpetuiE 105; 
abridges the power of the tri- 
bunes, 116; his laws, 162; 
both rewards and punishes the 
slaves of Sulpicius for betray- 
ing him, 180, why he ordered 
his body to be burned, 410, 411. 

Sylvaoub, 232. 



Tables, 374; of different forms, 
ib.; how consecrated, 382. 

Tarquinius, king, expelled, 90; 
on what day, 94. 



Taxes, various kinds of, 54 ; re- 
mitted, ib. 

Teeth, care of, 363. 

Temples, 257,486; ornament of 
their front and roof, 456. 

Tents, form of, 313. 

Terminus, his temple, 232. 

Testaments, how made, 49; an- 
ciently made in the Comitia 
Curiata, 66. 

Tethys, 224. 

Thanksgivings, how made, 259. 

Theatres, at iirst prohibited, 296 ; 
built by Scaurus, ib.; Curio 
and Pompey, ^97 ; &c. ; their 
construction, 298, n. 

Theft, how punished, 195. 

Theodosiusabolishes the heathen 
worship at Rome, 257. 

Thespis, said to have invented 
tragedy, 291. 

Thetis, 224. 

Things, division of, 43. 

Thracians, curious custom of, 
216, their wives burn them 
selves on the piles of thei 
husbands, 418. 

Threshing, manner of, 469. 

Tiberius, deprived the people of 
tlie right of voting, 85; sum 
he left at his death, 431. 

Tiles, tax laid on, 456. 

Tiro, freedman of Cicero, 146. 

Titan, 228. 

Tombs, form of, 420. 

Top, ditlerent from trochus, 376. 

Torture, used oidy on slaves, 
21 j; instrument of, ib. 

Towers, in sieges, 333 ; in ships, 
344. 

Towns, how attacked, 330 ; and 
defended, 336. 

Trade, not respected, 5, 194; 
hurtful consequences of this,24 

Tragedy, writers of, 290, 291. 

Trajan s pillar, 492. 

Trees, how propagated, 470. 

Trials, civil 185; how conduct- 
ed, ib., 201, 212; criminal, be- 
fore the people, 205 ; before 
inquisitors and the prjEtors, 
2U,S; how conducted, 212. 

Tribes, three at first, 1,81; when 
increased, 82: how divided, 1, 
82. 

Tribonian, the chief of those 
lawyers who composed the 
Corpus juris, 183. 

Tribunes of the commons, when 
created, 111; their power at 
first small, 112; afterwards 
exorbitant, 113; abridged by 
Sylla, 116; in a manner anni- 
hilated by Julius Caesar, 117", 
conferred on Augustus, ib. ; at 
first not admitted into the' se- 
nate, 13. 

Tribunes, military, number of, in 
a legion, 159, 307. 

Tripods, of different kinds, 247. 

Triumph, whence called, 325; 
naval triumph, 327. 

Triumviri, 67 ; consecrate a tem- 
ple and divine honours to Cae- 
sar, 264. 
Trophies, use of, 493 ; little used 

by the Romans, ib. 
Tutelage, right of, 53. 

THE END. 



u.v I 

Vac una, 232. 

Valerius Corvos, 98. 

Venus, her names, &c., 234. j 

Verdict o( a jury, 215. 

Verres, said to have been r.»- i 
stored from banishment by th» 
influence of Cicero, 212; cause | 
of his death, ib. 

Vertumnus, 232. i 

Vespasian, the first who made 
laws without consulting the 
senate, 20; the sum he said i 
was necessary to support the 
state, 431. I 

Vesta, the goddess of fire, 222. ] 

Vestal virgins, 254. 

Victims, white, from the river j 
Clitumnus, 262. i 

Villas, how laid out, 458. I 

ViUius,why called ANNALIS, 89. 

Vineyards, 472; how planted, 
ib.; &c. , 

Virginia, killed by her father,130 

Virtues, worshipped, 2a3. 

Vitellius, luxury of, 386. 

Undertaker, of funerals, 413. 

Vomit, custom of taking, before 
and after supper, ib. ' 

Vows, how made, 258. 

Urns, how made, 419. 

Usurers, cruelty, 4(1; art, 43-1. 

Vulcanus,225; his workshop, ib. 

AV ' 

War, how proclaimed, 299. 

Watch-word, how given, 314. 

Wealth, instances of, 431. 

Weeks, division of time by, not 
used by the ancient Romans, 
267 ; introduced under the em- 
perors, ib., 268; week-days 
named from the planets, 268. 

Weights, Knglish and Roman, 
424, 425. 

Wheel for raising water, 416. 

Wife, properties of a good, 451. 

Windows, hol^ made, 457. i 

Winds, 2J3, 473. : 

Wine, manner of making, 388 ; 
kinds ot, 3S9— 393; used to be 
bulled, that it might keep, 390. 

Witnesses, form of niiiking them, , 
185; ditlerent kinds of, 214; | 
how summoned, 201, ".^14. | 

Women, excluded from inheri« 
tanccs, 182; their clothes, 351 ; 
shoes, 358, 359; head-dress. ; 
360; paint, 362; industry, 451; ! 
apartment in Greece, 455. I 

Wood, used for firing, 454. i 

Writing, materials for, 438, 439 • I 
manner of, 440. 

y ] 

Year, how divided by Romulus, 
265; byNuma, ib. ; by Julius 
Ciesar, 266 ; by pope Gregory, 
ib.; by the Etiyptians, 267. , 

Young men, at what age they as- j 
sinned the toga virilis, 353; i 

peculiarity in their manner of 
wearing it for tne first year, j 
354 ; when they began to shave, j 
367; consecrated the first 
growth of tne beard, and aUu 
their hair, to some deity, ib. 'i 



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QUESTIONS 



ADAM'S ROMAN ANTIQUITIES. 



FOOMIATION OF THE CITY, AND DIVI- 
SION OF THE PEOPLE. 

1. By whom was Rome founded, and 
when 1 

2. Into how many tribes did he di- 
vide the people 1 

3. Into how many curiae, each tribe? 

4. What was he called who presided 
over one curia? 

5. He who presided over them all ? 

6. How many soldiers did Romulus 
choose from each tribe ? 

7. 8. What were these 3,300 called ? 
What the commander of a tribe ? What 
each soldier furnished by a tribe ? 

9, 10. How was the territory of Rome 
divided ? To what purposes were these 
parts allotted ? 

11, 12. How were the people origin- 
ally divided ? What class was after- 
wards added 1 

SENATE. 

13. For what purpose did Romulus 
institute the senate ? 

14, 15. Of what number did it at first 
consist ? From whom, and how, were 
they chosen ? 

16. What were the senators called ? 
Why ? What, their offspring? 

17. When was their number increas- 
ed, according to Dionysius? When, 
according to Livy ? 

18. What were the original senators 
called ? and their posterity ? What, 
those added by Tarquinius Priscus ? 

19. How long did this number of 300 
continue ? How many did he add ? 

20. What was the number in the time 
of Julius Caesar? After his death ? Un- 
der Augustus ? 

21. What senators were called con- 
script! ? Why ? How was the senate 
in consequence addressed ? 

CHOOSING OF SENATORS. 

22. How were persons chosen into 
the senate ? From whom ? 

23. From whom is it thought by some 
that the senate was supplied ? 

24. How were they chosen after the 
battle of Cannse ? after the subversion i 
of liberty ? and under Augustus ? 



25. Who was the princeps senatus?; 
To whom was the title afterwardsj 
given ? 

2G. To what was regard had, in 
choosing senators? . 

27. At what age might one be chosen; 
a senator ? \ 

28. What civil office first gave ad-j 
mission into the senate ? 

29. When might that be enjoyedy 
according to Dion CassiusJ according! 
to Polybius ? according to Cicero ? * 

30. Did the quaestor become a sena-| 
tor, ex officio ? Were there any offices] 
that gave a legal title to be chosen intOj 
the senate? i 

31. How else could admission be, 
procured into that body ? l 

32. Had any priest a seat in it, in, 
right of his office? 1 

33. What privilege did Augustus 
grant to the sons of senators V Why?; 

34. Who could not be chosen into 
the senate ? 

35. How did Ap. Claudius Caecus^ 
disgrace that body ? ; 

36- When were freedmen admitted?! 
Whom did Julius Caesar admit ? Were' 
they allowed to continue ? 

37. What law was enacted A. U. 535,, 
respecting the barks kept by senators ?1 
And why ? ' 

38. What fortune did it behove a 
senator to have during the republic ? 
What, in the time of Augustus ? 

39. How often was the senate re- 
viewed? By whom? For what offences 
did the censor degrade them? 

40. How ? — Why did this punishment 
not render persons inj'amoiis, as when 
condemned at a trial ? , 

41. When were supernumerary 
members first enrolled without formal 
election ? 

42. What was the Album senatorium? 

BADGES AND PRIVILEGES OF SENATORS. 

43. What were the badges of sena- 
tors ? 

44. Where did they sit in the thea- 
tre ? in the amphitheatre ? in the cir- 
cus? 

45. What exclusive right had they 
i when sacrifices were offered to Jupiter? 

X49 





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